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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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