Penalties for typical charges where domestic violence modifiers are attached include up to 90 days in jail and up to a $1,000 fine on disorderly conduct, up to 9 months in jail and up to a $10,000 fine on battery or criminal damage to property, and up to 6 years in prison and up to a $10,000 fine on substantial battery, false imprisonment, strangulation/suffocation, and child abuse.  The domestic violence modifier increases the financial penalty and is a mandatory cost that can only be waived if the court determines it will “have a negative impact on the offender’s family.”

If you are facing domestic violence charges in Racine, call Grieve Law's criminal defense attorneys for a free case consultation.

Violence FAQ Payment plans

Domestic violence or domestic abuse is not a specific criminal offense in Wisconsin. Instead, it is a charge modifier that can result in extra penalties and cause you to permanently lose your gun rights. When you are facing a domestic violence modifier it indicates that the other person involved in the case is someone you have or have had a domestic relationship with. A domestic relationship is someone you either are currently living together, have previously lived together, are married to, were married to, or someone you share children in common with.

Domestic Violence Penalties in Racine

If you are convicted of an offense with a domestic violence modifier you will permanently lose your right to possess a firearm. The loss of your 2nd amendment rights is based on federal law and can be applied even if your case does not have the domestic violence modifier. For that to happen, within the facts of your case, there must be alleged “use or attempted use of physical force, or the threatened use of a deadly weapon.” If the facts do include such conduct, and you are convicted, you are banned, federally, from possessing a firearm. Upon entering a plea on a criminal case, the defendant is asked if they are stipulating the facts in the criminal complaint, our Racine lawyers have successfully negotiated a specific set of agreed-to facts to preserve an individual’s 2nd amendment rights.

The most frequent criminal charges where a prosecutor will include a domestic violence modifier are:

• Disorderly conduct
• Battery, substantial battery
• Criminal damage to property
• Strangulation/suffocation
• False imprisonment
• & child abuse

You would lose your 2nd amendment rights for some of these charges independent of the domestic violence modifier (substantial battery, strangulation/suffocation, false imprisonment, and child abuse) because they are felony offenses. But others, specifically disorderly conduct, could be something as small as an argument at home that a neighbor overheard, which could still leave you facing the loss of your firearm rights.

Disorderly Conduct in Racine

Disorderly conduct in Racine is a Class B misdemeanor punishable by up to 90 days in jail, a fine of up to $1,000 or both. In some cases, you may receive a citation instead of a criminal charge. The decision rests with the police and prosecutor based on how they interpret the facts.

Wisconsin law defines disorderly conduct as engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct. The “otherwise disorderly conduct” language makes this a catch-all charge. Prosecutors must also prove the conduct tended to cause or provoke a disturbance, judged by the reaction of a reasonable person under the same circumstances.

Examples include threats, shoving matches, loud arguments, swearing or any behavior the state argues disturbed others. Disorderly conduct charges often carry a domestic violence modifier when the other person involved is a spouse, partner, co-parent, or co-resident. A domestic violence modifier can permanently remove your firearm rights and create damaging public records even without a felony conviction.

How to Beat a Disorderly Conduct Charge

Defenses focus on disputing whether you actually caused the disturbance. Many cases come down to conflicting statements, making credibility and context critical. Grieve Law’s Racine attorneys examine the evidence, question witness reliability and build defenses aimed at reducing or dismissing the charge.

Battery Charges in Racine

Battery charges in Racine range from a Class A misdemeanor (up to nine months in jail, a $10,000 fine or both) to a Class E felony (up to 15 years in prison, $50,000 in fines or both).

• Misdemeanor battery: Intentional physical harm without consent; up to nine months in jail and $10,000 in fines.
• Substantial battery: Causes “substantial bodily harm” such as stitches, fractures, concussions or broken teeth; Class I felony with up to 3.5 years in prison and $10,000 in fines.
• Aggravated battery: Intent to cause great bodily harm; Class H felony (up to 6 years in prison) or Class E felony (up to 15 years in prison and $50,000 in fines).

A battery conviction remains on your record permanently and can affect employment, housing, and licensing. The state must prove intent, harm and lack of consent. Defenses may include disputing intent, challenging the severity of the injury or raising self-defense. Grieve Law’s Racine lawyers investigate every angle to weaken the prosecution’s battery case.

Racine False Imprisonment Charges

False imprisonment is a Class H felony punishable by up to 6 years in prison, a $10,000 fine or both, and involves intentionally confining or restraining someone without consent or legal authority. Physical barriers are not required. Blocking a doorway or using words to restrict someone’s movement can qualify as false imprisonment.

A false imprisonment conviction is permanent, and defenses target intent, consent, and lawful authority. Simply being in someone’s path does not always meet the legal definition of confinement. Grieve Law’s attorneys use witness statements, context and inconsistencies to fight for reduced charges or dismissal.

Strangulation or Suffocation in Racine

In Racine, strangulation or suffocation is a Class H felony punishable by up to 6 years in prison, a $10,000 fine or both. The state must prove you intentionally made breathing difficult or restricted blood flow by applying pressure to the neck/throat or covering the mouth/nose. Loss of consciousness is not required.

A strangulation conviction remains permanently and may carry a domestic violence modifier, which increases penalties and removes firearm rights. Defenses focus on intent, credibility of witnesses and the circumstances of the altercation. Self-defense may apply if you reasonably believed force was needed to stop a threat. Grieve Law’s Racine attorneys challenge evidence, photographs and statements to protect your rights.

Racine Homicide Penalties

Homicide charges vary in severity and penalties, ranging from a mandatory life sentence for first-degree intentional homicide to 25 years in prison and $100,000 in fines for second-degree reckless homicide:

• First-degree intentional homicide: Class A felony, mandatory life sentence.
• 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 $100,000 in fines.
• Negligent homicide: Penalties vary but can reach decades in prison.

Wisconsin law also allows homicide charges for drug delivery resulting in death under “Len Bias” provisions.

A homicide conviction is permanent and strips voting and firearm rights. To convict, the state must prove every element beyond a reasonable doubt, including intent or recklessness. Defenses may dispute causation, intent or the link between your actions and the death. Grieve Law’s Racine attorneys analyze the evidence, challenge forensics and work to secure the best possible outcome.

Police Involvement

When the police in Racine respond to a suspected domestic violence call, someone will be taken into custody and that decision will be based on who they believe is the primary aggressor, if there is a history of abuse, whether there is a visible injury and who they believe is most likely to continue the violence.

After placing someone under arrest the other party will be asked if they want to enforce a 72-hour no-contact order. Often police in Racine will attempt to pressure the remaining party to have the 72-hour no-contact order, which can have an impact on the case if criminal charges are filed. Frequently a prosecutor will request a no-contact order throughout a criminal case that has a domestic violence modifier, if the 72-hour no-contact order was waived a skilled lawyer may be able to argue that such a no-contact order is neither desired nor necessary for your case. To waive the 72-hour no-contact order the party must sign a waiver with the police.

Violation of a 72-hour no-contact order can result in criminal charges punishable by up to 9 months in jail, up to a $10,000 fine, or both and is a class A misdemeanor.

Additionally, following police contact for a domestic dispute frequently the complaining individual will file for a restraining order. A court, on a temporary basis, can grant a restraining order without having first had a hearing. Violating a restraining, or an injunction which may be granted following a hearing, is a criminal offense punishable by up to 9 months in jail, up to a $10,000 fine, or both.

Racine Area Domestic Violence Defense Lawyers

With so much to lose, both your freedom and constitutional rights, making sure you hire the right lawyers is crucial. Our award-winning Racine lawyers will aggressively fight your case to protect you and to make sure you do not unnecessarily lose any of your rights.

Contact Grieve Law LLC for a FREE legal consultation