How are domestic violence modifiers dismissed to become lesser charges? Incident was recorded in audio. Please Wisconsin law
3 attorney answers
Yes, if your concern is about firearm restrictions due to a domestic violence offense, you should hire an attorney who can advise you about what will need to be done if there is any type of plea in the case.
Charge severity is essentially the classification of misdemeanor or felony (i.e. class A misdemeanor, or class G felony). The "domestic abuse" modifier does not change the maximum possible penalty as does a penalty enhancer such as "while armed". A conviction for a crime of "domestic violence" brings with it a federal prohibition from owning or possessing a firearm. A state charge of "domestic abuse" is not exactly the same as a federal crime of domestic violence. However, negotiation to remove the "domestic abuse" modifier does not automatically avoid the federal prohibition. It would be extremely important to obtain the services of an experienced criminal defense attorney to discuss all of these issues especially if you are concerned about the effect that any resolution of your case will have on your right to possess a firearm.
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.
Dismissing the domestic tag does not, by itself, lessen the severity of the charges, so the premise of your question is incorrect.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.