Can I get a battery sentence dismissed if the alleged victim has passed away?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get a battery sentence dismissed if the alleged victim has passed away?
My former fiancee has recently died and I’m currently serving a 2 year probation sentence for a domestic battery charge that had been related to my dearly departed and her ex and myself. I am devastated by her death and have been ordered
Asked on October 2, 2019 under Criminal Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have already been convicted since you are currently serving the sentence. The death of either a victim or a witness after the trial is over will have no effect on a sentence already passed, so this is not grounds for a dismissal.
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 AttorneyPages.com 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.