Legal Question in Criminal Law in Wisconsin
What are the chances that all the charges will be dropped?
My ex-husband is now going to court for something he did in October against me. I had to get a restraining order because of it. What I want to know is what is a class A and a class B misdemeanor? The Class A misdemeanor is for criminal damage to property Statute:943.01(1) count 1 and the Class B misdemeanor is Disorderly conduct Statute:968.075(1)(a)Domestic Abuse count 2. He also has this statute:947.01 What does this mean by way of law? Also could the charges be dropped? Is it possible he'll just get probation? Will he have to spend jail time and/or pay a fine? The damage that was done is approximately $800.00- $1200.00. I rent my home and that is how much the landlords told me it was.Not sure which insurance company they use though, but they do have insurance. They want to make sure he pays for damages. He has no criminal record.
1 Answer from Attorneys
Any lawyer who makes a prediction on the outcome of this case based upon your brief summary would not be responding honestly. The way that the prosecution would handle a case like this would vary depending upon which county he was being prosecuted in, which prosecutor was assigned, the strength of the case, treatment needs of the defendant, and the wishes of the victim. As one of the victims, you would be entitled to be heard and make recommendations to the judge, but so would the landlord (owner of the damaged property) and your husband's defense attorney. If the case went to trial, the judge or jury would make the decision regarding guilt or innocence, and, if he were convicted, the judge would make the final decision regarding the sentence. Often, however, such a case might be handled be some sort of deferred prosecution if that was agreeable to all parties, including the victims. Such a result would usually require him to pay restitution, assuming that your county had such a program. The statute numbers to which you refer set the maximum and minimum penalties and define the crimes of criminal damage to property (9 mos. possible jail and a ten thousand dollar fine) and disorderly conduct (30 days jail and a one thousand dollar fine). Both statutes are commonly used in domestic violence situations. My comments here are not legal advice and are instead for public educational purposes only. if you need legal advice, you must instead consult with a lawyer face to face, via an office appointment (and retain him or her).
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