Our readers in Waukesha may recall a previous post discussing the unfortunate situation of criminal charges resulting from domestic disputes. Although emotions can run high in the home, it is important to remember that just because a person is accused of a crime does not necessarily mean that person is guilty, even when the charges stem from the claims of a family member or friend. The prosecution is nonetheless obliged to hold up its end of the legal bargain by bearing the burden of proof.
Milwaukee residents may be interested in the recent case of a 40-year-old Wisconsin man who is facing domestic violence charges. Specifically, he is charged with strangulation as a domestic abuse incident, failure to comply with an officer, misdemeanor disorderly conduct as a domestic abuse incident and resisting an officer.
According to authorities, the charges arose from an incident between the man and a woman who was reportedly injured. She claims that the man was yelling and swearing at her, threw a bottle at her and later strangled her.
The criminal complaint says that when officers arrived at the scene, the man refused to leave the padlocked garage in which he had barricaded himself. One officer also claims he saw the man grab a steak knife. Police then apparently cut the padlock. They claim that the man stood inside the garage door holding a two-by-four piece of wood in a threatening manner.
Soon afterward, the police admit that the man obeyed their orders and dropped the piece of wood. However, when officers tried to handcuff him, they claim he began kicking and screaming.
Whether these claims can be substantiated remains to be seen.
Complicating the defendant's case is that he has previous convictions, though they aren't necessarily related to the current criminal charges. Nonetheless, he faces a repeat-offender enhancement of all four charges against him. To protect his rights and freedom, this Wisconsin man should do what is legally in his power to mount a strong criminal defense.
Source: Wisconsin Rapids Tribune, "Man accused of trying to choke woman, resisting arrest," Karen Madden, June 2, 2012