Wisconsin Battery Charges: An Overview
In Wisconsin, the criminal charge of Battery ranges in severity from a Class A Misdemeanor to a Class C Felony. The specific charge you face depends on factors including the nature of the harm caused, the degree of force used, and the identity of the alleged victim.
Battery as a Class A Misdemeanor
Intentionally causing bodily harm to another person — for example, striking that person with enough force to cause pain — without that person’s consent, is a Class A Misdemeanor in Wisconsin.
The maximum penalty, if convicted, is up to 9 months in jail and/or a $10,000.00 fine.
Battery as a Class C Felony
Intentionally causing great bodily harm — meaning striking someone with enough force to create a substantial risk of death or protracted impairment of the function of a body part or organ — is a Class C Felony in Wisconsin when the victim is a child or elderly person.
The maximum penalty, if convicted, is up to 40 years in prison and/or a $100,000.00 fine.
What the State Must Prove
Depending on the type of Battery alleged, to convict you of a crime, at a minimum, the State must prove beyond a reasonable doubt that you intentionally caused bodily harm to another person knowing they did not consent.
For more serious Battery charges, the State will also need to prove beyond a reasonable doubt additional elements, including:
- That you intentionally caused bodily harm to a specific type of person, such as a child or elderly adult
- That the level of force you used caused a more serious form of bodily harm, such as substantial bodily harm (for example, an injury that causes a broken bone or requires stitches), or great bodily harm (for example, a more serious injury that causes permanent loss of bodily function or is sufficiently serious — such as a stab wound — that it requires hospitalization)
Battery Charges Involving Domestic Violence
If the Battery charge involves domestic violence, the consequences can extend beyond the criminal penalties listed above. A Battery conviction in a domestic violence context will result in you losing your gun rights for life under the federal Lautenberg Amendment. This makes it critical to mount an aggressive defense from the very beginning of the case.
Defending Against Battery Charges
Our firm has a track record of success defending our clients against Battery charges. We have had cases dismissed at the Preliminary Hearing and persuaded prosecutors to dismiss Felony Battery charges before trial.
One of the most common and effective defenses to Battery is self-defense. Wisconsin law recognizes your right to use reasonable force to protect yourself from imminent bodily harm. Whether this defense applies in your situation depends on the specific facts of your case, and we will evaluate every detail to build the strongest possible defense on your behalf.
Contact a Wisconsin Battery Defense Attorney
If you are facing Battery charges in Wisconsin, the decisions you make early in your case can have a significant impact on the outcome. Contact our firm today to discuss your situation and learn how we can help.
