Can I get a battery sentence dismissed if the alleged victim has passed away?

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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 2 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.


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