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Madison Intimidation of a
Victim Defense Lawyer
Wisconsin has a misdemeanor and
felony intimidation of a victim law. The misdemeanor crime of
intimidation of a victim in Wisconsin in a Class A misdemeanor,
punishable by up to 9 months jail and a $10,000 fine. The
misdemeanor offense is defined as follows:
940.44. Intimidation of victims; misdemeanor
Except as
provided in s. 940.45, whoever knowingly and maliciously prevents or
dissuades, or who attempts to so prevent or dissuade, another person
who has been the victim of any crime or who is acting on behalf of
the victim from doing any of the following is guilty of a Class A
misdemeanor:
(1)
Making any report of the victimization to any peace officer or
state, local or federal law enforcement or prosecuting agency, or to
any judge.
(2)
Causing a complaint, indictment or information to be sought and
prosecuted and assisting in the prosecution thereof.
(3)
Arresting or causing or seeking the arrest of any person in
connection with the victimization.
Misdemeanor
intimidation of a victim is a common charge in a domestic case where
someone grabs the phone from the alleged victim who is about to call
the police.
What is
important to keep in mind about the offense of intimidation of a
victim is that it does not stand alone. To prove intimidation of a
victim under WI criminal law sec. 940.44, the state must first prove
that the alleged victim was the victim of a crime. If no other crime
occurred, or if you are found not guilty of any other alleged
crimes, there can be no intimidation of a victim. The state also
needs to prove that the defendant acted knowingly and maliciously.
Arrested for Intimidation of a
Victim
In a domestic situation, most arrests for intimidation of a
victim include a trip to the jail. If the arrest only
involves misdemeanor charges, you will have a chance to post a
bond that night. If you cannot post bond or the arrest
includes a felony, you have to sit in jail until you appear
before a judge to set bond.
The officer may
inform you of a 72 hour no contact provision. This means
that you may not have any contact with the person identified on
the form for 72 hours. To have any sort of conduct
contrary to this order is a separate crime.
The first court
is called the initial appearance. You usually receive a
complaint at the initial appearance that tells you what you are
charged with and the basic facts alleged in the case. The
judge also set bond conditions at the initial appearance.
You will have an opportunity to be heard on the proposed bond
conditions. If the judge sets a signature bond, previously
posted money will be returned.
No Contact Order
In many
domestic cases the prosecution asks for a bond condition that
prohibits contact with the alleged victim. If you have a
no contact order, even if the alleged victim is a spouse or
lives in the same house, you bear the burden of staying away
from the person.
Call criminal
defense lawyer Robert T. Ruth at 608-257-2540 for a free
consultation if you need a Madison intimidation of a victim defense
attorney in any Wisconsin court.
Madison Intimidation of a Victim
Lawyer
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