Misdemeanor Battery for Domestic Abuse in Wisconsin
What is “domestic abuse”? What is “misdemeanor battery”? How do these laws impact your gun rights? This article will break it down for you.
Domestic Abuse in Wisconsin
In Wisconsin, domestic abuse has a broad definition with two parts. First, the crime must be part of a list of eligible crimes, included on which are all manner of offenses from murder to misuse of a telephone. Second, the crime must be committed against a current or former member of your household, such as a spouse, parent, girlfriend, or roommate.
Misdemeanor Battery in Wisconsin
To “batter” someone is to intentionally do bodily harm. In Wisconsin, battery is a misdemeanor, but it can easily become a felony. Felony battery involves substantial bodily harm, great bodily harm, a substantial risk of great bodily harm (such as if the victim is over 62 years old), or bodily harm to certain persons acting in their official capacity, such as emergency workers or jurors. Because of the vague nature of words like “great” and “substantial,” the line between a misdemeanor and a felony can become fuzzy when dealing with battery. Given the way a simple shove can escalate, it is rarely wise to start down that path.
Penalties for Misdemeanor Battery in Wisconsin
As a Class A misdemeanor battery carries a penalty of up to 9 months imprisonment, a $10,000 fine, or both. Normally, only felonies result in the loss of gun rights. However, a piece of federal legislation known as the Lautenberg Amendment extends this penalty to misdemeanor crimes of domestic violence. Therefore, if you are convicted of misdemeanor battery against someone in your household, you would face a lifetime ban on owning firearms. Additionally, you will have to pay a $100 domestic violence surcharge upon conviction.
Because of the Lautenberg Amendment, various laws can interact with each other to create situations that seem absurd. Could shoving your boyfriend result in losing your gun rights for life? It could! This could also derail any dreams you may have of serving in the armed forces or as a police officer.
What to do if arrested for Domestic Abuse in Wisconsin
A domestic dispute can easily become a criminal matter. If you have been arrested, know your rights, remain silent, and request an attorney. At Grieve Law, our criminal defense lawyers have years of experience assisting individuals accused of domestic violence and other offenses. We are also passionately committed to protecting your right to bear arms under the Second Amendment. Call us today for a free consultation and let us help you preserve your freedom!