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Violence-related crimes in Brookfield Wisconsin, could include a variety of circumstances: dangerous use of a weapon, burglary and others. First-degree reckless injury penalties could reach a $100,000 fine and/or up to 25 years in prison. Strangulation is a Class H felony, which is fined up to $10,000 and/or up to 6 years in prison.
If you are facing domestic violence charges in Brookfield and Waukesha, call Grieve Law's criminal defense attorneys for a free case consultation.
Our Waukesha criminal defense attorney knows how severe the tangible and intangible consequences can be when you’re facing domestic violence charges. Often, those charged with domestic violence in Brookfield(or domestic violence related charges) face jail time, steep fines ranging anywhere from $1,000 to $10,000, probation and a restraining order (or protective order).
In addition to potential jail time and fines associated with a crime that is classified as domestic violence, there are additional penalties that can come with a conviction for domestic violence. You may also face potential career implications if your employer finds out about your domestic violence charge, and you may have difficulty getting loans or renting an apartment. Additionally, charges of domestic violence can be used against you in a child custody case or divorce. A conviction for domestic violence also comes with potential embarrassment if your friends and family find out about your conviction through public record searches.
Domestic violence is not a criminal charge in Wisconsin. Rather, it is a charge modifier or enhancer. Domestic violence, or domestic abuse as the statutes refer to it, can be added to any charge where the alleged victim has a qualifying domestic relationship with the person being charged. Domestic violence can be charged when the prohibited conduct occurs with an adult against his or her spouse or significant other, his or her former spouse, another adult with whom the person resides or formerly resided, or another adult with whom the person has a child in common. Most people do not realize that you do not need to have a physical relationship to be charged with domestic violence. You can be charged with domestic violence for having an argument with your roommate.
Domestic violence is often added to charges of battery, disorderly conduct, criminal damage to property, and other similar charges. If the person against whom you are accused of committing the underlying crime has the qualifying domestic relationship, then you can have the added modifier of domestic abuse.
Domestic violence does not carry any potential jail time on its own. Domestic violence adds a surcharge to the penalties for the underlying crime. Domestic violence also has additional penalties beyond the immediate financial impact a conviction can have. Under federal law, if you are convicted of any misdemeanor crime of domestic abuse, you are prohibited from possessing firearms.
In Wisconsin, police are legally required to make an arrest if they have reasonable grounds to believe that a person has committed domestic abuse and continued domestic abuse against the victim is likely, there is evidence of physical injury to the victim, or the person to be arrested is the predominant aggressor. Keep in mind, the predominant aggressor is not always the person who started it. If police are called to an alleged domestic abuse incident, someone is likely going to be arrested.
Following a domestic violence arrest, the defendant cannot be released until they see a judge or post bail. Additionally, unless the victim waives it, the defendant will be subject to a 72-hour no contact order in WI. This means that for 3 days following the arrest, the defendant cannot contact the victim or go to the victim’s residence. Even if the defendant and the victim are married and live in the same house, it is illegal for the defendant to go to their own home for the first 72 hours after an arrest for domestic violence charged.
Under Wis. Stat. § 947.01, disorderly conduct covers a broad range of behavior: violent, abusive, indecent, profane, boisterous, unreasonably loud, or anything likely to provoke a disturbance. It’s one of the most flexible tools police and prosecutors use and can apply in both public and private settings. Even a heated argument with a roommate or spouse may qualify.
Disorderly conduct is typically charged as a Class B misdemeanor, carrying up to 90 days in jail, a $1,000 fine, or both. In some cases, it may be issued as a non-criminal ticket with financial penalties. When a domestic relationship exists between the parties involved, a domestic abuse modifier may be added, leading to enhanced consequences and the loss of certain civil rights.
A conviction remains on your record permanently. Wisconsin does not allow automatic removal, and it may affect job applications, background checks, housing opportunities, or professional licenses.
Many cases rest on subjective interpretations of behavior. If no physical evidence exists and no other charges apply, the state must rely on witness testimony. Your attorney can challenge credibility, question whether the alleged behavior meets the statutory definition, or push to reduce the charge to a citation or dismissal.
In Brookfield, Wisconsin, penalties for battery depend upon the severity of the case. Penalties can range from nine months in jail and a $10,000 fine to 15 years in prison and a $50,000 fine.
| Charge | Classification | Penalties |
|---|---|---|
| Simple Battery | Class A Misdemeanor | Up to 9 months in jail and a $10,000 fine |
| Substantial Battery | Class I Felony | Up to 3.5 years in prison and a $10,000 fine |
| Aggravated Battery (intent to harm) | Class H Felony | Up to 6 years in prison and a $10,000 fine |
| Aggravated Battery (intent to cause great harm) | Class E Felony | Up to 15 years in prison and a $50,000 fine |
If convicted, a battery charge remains on your permanent record. The state must prove all elements, including intent and lack of consent. Our attorneys scrutinize evidence, challenge inconsistent statements, and may present defenses such as self-defense or mutual confrontation. If the injuries are minor or the facts unclear, charges may be reduced or dismissed.
False imprisonment in Brookfield is a Class H felony punishable by up to six years in prison and a $10,000 fine. The charge applies when someone intentionally confines or restrains another person without consent or lawful authority. Physical barriers, intimidation or verbal threats can all qualify, even if no locks or force were used.
A false imprisonment conviction can stay on a person's record permanently. To avoid conviction, we demonstrate the individual was not confined or prove you had legal authority to act. For instance, detaining a shoplifter within reasonable limits may be lawful. Our attorneys challenge witness credibility, clarify intent, and develop defenses grounded in legally justified actions.
Homicides in Brookfield, Wisconsin, fall under one of 8 different classifications. First-degree homicide is a Class A felony, which has a maximum penalty of life in prison.
| Charge | Classification | Penalty |
|---|---|---|
| First-Degree Intentional Homicide | Class A Felony | Mandatory life in prison |
| Second-Degree Intentional Homicide | Class B Felony | Up to 60 years in prison |
| First-Degree Reckless Homicide | Class B Felony | Up to 60 years in prison |
| Second-Degree Reckless Homicide | Class D Felony | Up to 25 years in prison and a $100,000 fine |
| Negligent Homicide (homicide by intoxicated use of a vehicle and others) | Class G/H Felony | Up to 10 years or 6 years in prison, depending on the charge |
A homicide conviction will remain on your record permanently. Homicide defense strategies often focus on disproving intent, challenging the medical cause of death, or introducing alternative explanations. In Len Bias cases, for example, the prosecution must link the fatal overdose directly to your actions. Our Brookfield attorneys review evidence, consult experts, and build a strategy to challenge the State’s claims.
Strangulation in Brookfield is a Class H felony with penalties of up to six years in prison, a $10,000 fine or both. Additionally, strangulation is often charged with a domestic abuse enhancer, which can increase the penalties if you are convicted. You could face additional prison time and increased fines if you are charged with domestic abuse strangulation.
A felony strangulation conviction will appear on your criminal record for life, so hiring an experienced defense lawyer is crucial.
Strangulation cases often depend on statements from the alleged victim or witnesses. If those accounts conflict, change or lack evidence of injury, we may argue the physical contact never occurred or was unintentional. In cases involving a fight, our team evaluates whether you acted in self-defense and challenges intentionality claims. Our attorneys investigate every angle and identify weak points in the prosecution’s case to fight for a dismissal or reduced charge.
Tom Grieve is the domestic violence attorney Brookfield men and women trust to get charges dropped or reduced in the case of false or exaggerated accusations of domestic violence, domestic abuse, domestic battery, disorderly conduct or criminal damage to property. Unfortunately, these types of allegations occur more often than one might think. Individuals often claim domestic violence charges in cases of child custody disputes, property settlement disputes, to get out of an unhappy relationship or to seek vengeance for an unrelated issue.
We most certainly do not condone domestic violence, domestic battery, domestic abuse or other related offenses. However, we do understand these types of charges can happen, even though unwarranted. It’s at this time you need a compassionate Waukesha domestic violence attorney who excels in these types of cases. Tom Grieve is an award-winning Brookfield criminal defense lawyer who has served as a prosecutor and defender for the State of Wisconsin. As both a former prosecutor and current defender, Tom has a nuanced understanding of the Wisconsin domestic violence laws and loopholes. Tom is well known and respected for his ability to get charges reduced or dropped entirely, including domestic violence, battery, drug possession and 1st offense drunk driving charges.
If you are convicted for a crime that has a domestic abuse modifier attached, that conviction will remain on your record for life. A court may grant expunction upon successful completion of your sentence in certain circumstances. However, it may still be possible for employers to see your conviction for domestic violence and it could also cause problems obtaining a loan or renting an apartment. The best path forward is to pursue a reduction of your charges.
Domestic violence can be added to many different charges. Defenses to those underlying charges can be the key to avoiding a conviction for domestic violence. Whenever domestic violence is charged, the State is alleging that a victim was involved. If that victim is not cooperative with the prosecution, or if they change their story after their initial conversation with police, our skilled and knowledgeable Waukesha attorneys can use that to reduce or dismiss your domestic violence charges.
Often domestic violence charges happen through two scenarios. First, the victim is fabricating or exaggerating what really happened, and second, the violence occurred as an act of self-defense against the actions of the victim.
Unfortunately, even if the victim in your case admits to making exaggerated statements, or does not want to proceed with the case against you and wants to drop the charges, it is not easy to undo a domestic violence charge. The state will often attempt to proceed on the charges against you even without the victim cooperating with their case. This is why an experienced and knowledgeable defense attorney is important to protect your record and your future against domestic violence charges.
