Legal Question in Criminal Law in Wisconsin
With no priors, what would be the odds of getting a class H felony dropped? The three charges are as follows:
1 948.03(2)(b) Child Abuse-Intentionally Cause Harm Felony H
2 943.01(1) Criminal Damage to Property Misd. A
3 947.01 Disorderly Conduct Misd. B
The Defendent resides in Wisconsin and has no priors. They made a poor choice in that they slapped their child in the back of the head three times for being mouthy and not doing as told.
Any chance to get the felony dropped or deferred and only serving probation/parole along with the two misdemeanor charges?
1 Answer from Attorneys
These questions are impossible for a defense attorney like me to answer; since only the prosecutor and judge in charge of the case make the decisions whether or not to offer a reduced charge or deferred prosecution. However, if the circumstances were not aggravated. nobody got hurt, and the family had reconciled, I would be optimistic that I could eventually convince most prosecutors to offer a reduction of the felony to a misdemeanor for a defendant who is otherwise leading an productive and exemplary lifestyle. Obviously, I do not know whether this defendant is such a person, and know nothing about the underlying factual details which are always extremely important. He therefore needs to consult with an experienced criminal lawyer as soon as possible. Since none of these sentences carry mandatory minimum jail sentences, probation without any jail time is a possibility, but so is prison time if the defendant does not present himself properly to the judge in a positive light. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.
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