How is Battery Prosecuted in Wisconsin Criminal Law?

 Posted on October 14, 2024 in Criminal Defense

At some point in our lives, we have all witnessed a scene where tensions run high, and things escalate to a fistfight. Despite the spontaneous, spur-of-the-moment nature of these outbursts, they can carry consequences that last far longer than a one or two minute brawl. If you think you are about to get involved in a physical altercation, the best thing you can do is disengage.

In the fallout of a fight, you may be charged with battery, which can carry jail time and hefty fines depending on the severity of the act. An experienced Waukesha County, WI criminal defense attorney can help you figure out your best defense and represent you fairly in court.

How Severe is a Battery Charge in Wisconsin?

The seriousness of a battery charge is measured by the intent to cause harm, no prior consent from the victim, and the damage inflicted to the victim. There are distinct levels of battery in Wisconsin law, listed below from least to most serious:

• Simple Battery: Defined by an intent to cause harm and no lasting injuries are sustained. Simple Battery is considered a Class A misdemeanor eligible for expungement, carrying prison time of up to nine months and a fine of up to $10,000.

• Substantial Battery: Defined by an intent to cause harm and when lasting injuries or damage are sustained, including concussions, broken bones, and fractures. Note that the prosecution only needs to prove the intent to cause harm by itself in a substantial battery charge, regardless of whether the aggressor meant to inflict serious injury. Substantial Battery is a Class I felony that can carry a $10,000 fine and up to 3.5 years in prison.

• Aggravated Battery: Defined by an intent to cause harm and great bodily harm is sustained. In this case, "great bodily harm" refers to injuries associated with permanent disfigurement or the risk of death.

Claiming Self-Defense in Battery Cases

In some cases, physically defending yourself is the only way you or somebody else can avoid bodily harm from another person. Wisconsin recognizes self-defense as a legitimate justification for battery, with some qualifiers. You must prove that the use of force was reasonable, no more than necessary to subdue the assailant. You must also prove that the danger was immediate, posing an urgent threat to yourself or others.

Contact a Dodge County, WI Criminal Defense Lawyer

If you fear you may face fines or jail time in a case of battery, your best option is to speak with an experienced Waukesha County, WI criminal defense attorney as soon as possible. Attorney Paul Bucher has litigated thousands of cases in his career, including violent crimes. At Bucher Law Group, LLC, you can take solace knowing that we will pursue every possible avenue in your case, providing quality representation with an aggressive defense. Call us at 262-303-4916 to schedule a free consultation.