Details: In the state of Wisconsin a man was charged with felony child abuse for repeatedly kicking his ten-year-old son in the hip. The man plea-bargained to a lesser charge of battery and pleaded no contest. First question: Is this battery charge criminal battery or tortious battery? Second question: Is this battery charge a misdemeanor or a felony?
The man met all of the court's punishment requirements and two years later the charge was reported by the newsmedia, which had access to court records, to be dropped. Does this mean that the charge was expunged from the man's record? Can a conviction be expunged so quickly - if it indeed was expunged?
Last question: Under the Frank Lautenberg amendment of 1996, which stipulates that someone convicted of a misdemeanor charge of domestic violence cannot own a firearm, can this man legally possess firearms?
Thank you for your help, Joe Conrad
2006-10-21 20:11:37 · 2 answers · asked by Joe Conrad 2 in Politics & Government ➔ Law & Ethics
This site will explain WI's regulations on battery
http://www.vanwagnerwood.com/CM/Custom/Battery.asp
2006-10-21 20:15:39 · answer #1 · answered by ~brigit~ 5 · 1⤊ 0⤋
Don't know the laws here, but I know a person who was charged with felony child abuse (CA), and they plea-bargained it down to a misdemeanor also pleading no-contest. This persons record doesn't show felony, it shows misdemeanor, because it's what the final decision was.
Also the news media aren't the only ones that have access to court records, it's generally public record.
2006-10-21 20:18:30 · answer #2 · answered by LetMeBe 5 · 1⤊ 0⤋