Is there a way to not recieve jail time for battery?

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Is there a way to not recieve jail time for battery?

I am the victim of substantial battery from an ex-boyfriend. He is the father of my 3 kids. Basically one day, I was returning from a party he came out of nowhere tackled me and started to punch me total more than three times he fractured my nose and I received 4 stiches after. I know he was drunk, I ignored his calls prior and I knew that he wanted to talk to me but I provoked him a bit and knew that I did is there a way to have him just serve probation or get him out of jail time? He has court in a couple days and he has never done anything like this before. We have dated for 13 years prior and been broken up for 9 months.

Asked on November 14, 2016 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether or not to prosecute a case, that is whether or not to drop charges, rests with the prosecutor and not with the alleged victim. Therefore, this case may be prosecuted over your objections. While the state's case would be stronger with your testimony, if there is other evidence supporting the charge, the case may still go forward. That being said, a criminal defense lawyer may be able to use the fact that you don't want to cooperate as leverage to obtain a favorable result for your boyfriend. However, prosecutors are often very unwilling to simply drop these types of cases since they do not want to send the message to offenders that, if they can intimidate or unduly influence a victim, they can get away with what they have done. 


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