Me and my gf had a fight a couple years back and she was hitting me and i spit my blood at her. After that i moved out of the state. I guess she went in to make a statement ( i dont know what she said in it) but later made another staement saying she lied in the first one. I have a warrant for class a batter and class b disorderly concduct. What am i looking at?
You need to retain a criminal defense lawyer. If you have a warrant issued for a battery charge, it's a pretty good bet that you are charged with battery. Battery can be a misdemeanor or a felony, depending on the severity of any resulting injury. You can check by searching your name on CCAP. https://wcca.wicourts.gov/index.xsl
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
You indicated that you have a Class A Misdemeanor Battery charge and a Class B misdemeanor DC charge pending. If you still live out of state, they will not extradite you on these charges if you get stopped. But you are subject to arrest at any time if you are in Wisconsin. Regardless the pending charges will show up on your record and could hurt you in other ways. You need to consult with a criminal defense attorney in the area of the charges to explore your options. This will not go away and you will eventually get arrested.
Battery and disorderly conduct. The battery carries a maximum possible jail sentence of 9 months, the disorderly conduct 90 days. There are certain circumstances where a battery becomes a felony. I suppose there's also the possibility of a misdemeanor bail jumping if you intentionally failed to come back to court, but it doesn't sound like that's on the table at this point. Hire an attorney.
You are facing the charges that you have listed - Class A indicates that this is a misdemeanor battery (maximum possible penalty of 9 months jail and $10,000 fine plus costs, fees and surcharges), and Class B Disorderly Conduct is a misdemeanor (maximum penalty of 90 days jail and $1,000 fine plus costs, fees and surcharges). These are the maximum penalties if the charges are without any penalty enhancers. There are no mandatory minimum penalties. If these are domestic violence related charges, they could come with a federal restriction from owning or possessing firearms. Exactly what the sentence will be depends upon: 1) the character of the defendant, 2) the nature of the offense, and 3) the need to protect the public. There are a variety of issues that go into each of these three sentencing factors and they are too numerous to discuss on a free Q & A website such as this. You would be well-advised to obtain the services of an experienced criminal defense attorney to represent you in this matter. Arrange with your attorney to go to court to address the outstanding warrant as soon as humanly possible. If is ALWAYS better to come before the court on a warrant voluntarily than it is to be dragged before the judge in handcuffs and shackles having been apprehended by law enforcement. At that point the judge won't believe that you intended to turn yourself in. Take care of this immediately. Waiting only risks being arrested, which usually happens at the worst possible time.
P.S. I'm sorry, but spitting on someone is simply vile. That would be considered a bad fact for sentencing purposes.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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