Violent Crime Defense Representation in Waukesha and Kenosha Counties
The terms “assault” and “battery” are often used interchangeably. However, they constitute separate criminal acts in Wisconsin. Under state law, “battery” consists of someone causing bodily harm to another person with the intent to injure that person. Assault refers to the threat of bodily harm, even if no bodily harm results. The penalties for those convicted of these charges will depend on the unique circumstances of the case as well as the severity of the bodily harm sustained by the victim.
If you or a loved one has been charged with assault and/or battery, it is in your best interest to seek a legal professional who understands the relevant statutes and how to build a strategic case. Our Milwaukee violent crime lawyer is a former prosecutor who is ready to provide the capable representation you deserve. At Lee Law Firm LLC, we will always work to protect your rights throughout the legal process. Do not lose hope if you are facing these charges: We are committed to promoting equal justice and will do everything we can to secure the best possible outcome.
Penalties for Battery Charges in Wisconsin
A battery offense will be charged as a misdemeanor or felony depending on the severity of the circumstances, including your alleged intentions and the degree of bodily harm. Those found guilty of assault and battery charges may face imprisonment, fines, and other consequences of conviction.
Under Wisconsin Statutes 940.19, an act of battery may be charged as a:
- Class A misdemeanor if the act caused any level of harm and the perpetrator intended to cause bodily harm
- Class I felony if the act caused “substantial” bodily harm and the perpetrator intended to cause bodily harm
- Class H felony if the act caused “great” bodily harm and the perpetrator intended to cause bodily harm
- Class E felony if the act caused “great” bodily harm and the perpetrator intended to cause great bodily harm
“Substantial” bodily harm refers to burns, broken noses, broken noses, tooth fractures, tooth loss, concussions, injuries that result in any loss of consciousness, injuries that require stitches (or some other adhesive), and injuries that result in temporary damage to sight or hearing. “Great” bodily harm includes any injury that causes permanent disfigurement, permanent damage to an organ or bodily function, or a serious risk of death.
A conviction of a Class A misdemeanor, the lowest possible battery charge, can still result in up to 9 months of jail time and fines of up to $10,000. Penalties for felony battery charges can range from 3.5 to 15 years in prison and fines of up to $50,000. Individuals with assault or battery convictions on their record may also have a tough time obtaining new employment or housing.
Domestic violence – also called domestic abuse – is a more severe form of assault and/or battery. Someone can face domestic violence charges when they assault or batter another family member or person in their household. Domestic violence convictions come with enhanced penalties in addition to other assault and battery punishments.
Assault and battery cases that do not result in physical bodily harm or rely on independent witnesses tend to become a matter of “he said, she said.” In these circumstances, credibility is key.
No matter your situation, our Milwaukee violent crime attorney can walk you through your defense options and help you build a strong case. Our team at Lee Law Firm, LLC will review how the evidence will weigh for and against you at trial, which will allow you to make informed legal decisions on how you want to move forward with your case. We have the skills and resources to obtain a favorable result and will fight for you every step of the way.
Do not wait to get legal advice if you are facing assault, battery, or domestic violence charges. Contact us online or call (414) 600-1360 to discuss your defense options with our Milwaukee violent crime lawyer today.
Under Wisconsin Statutes 940.19:
Class A misdemeanor – causing any harm while intending to cause bodily harm
Class I felony – causing substantial bodily harm with intent to cause bodily harm
Class H felony – causing great bodily harm with intent to cause bodily harm
Class E felony – causing great bodily harm with intent to cause great bodily harm
A conviction of a Class A misdemeanor can result in penalties of up to 9 months in jail and fines up to $10,000.
Felony charges can be filed as Class I, H, or E with penalties of 3 and a half to 15 years in prison and fines between $10,000 and $50,000 depending on the degree of bodily harm done and your intentions.
Having an attorney at Lee Law Firm walk you through a domestic violence charge is extremely important in order to help you understand the defenses that you have and how the evidence will weigh for and against you at trial. This will allow you to make the best informed legal decision as to how you want to move forward with your case.
Assault and battery cases which do not result in bodily harm or independent eye-witnesses often are a matter of “he said, she said.” Credibility, in those circumstances, is key. Your attorney at Lee Law Firm can walk you through the necessary steps to prepare for your specific case.
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Peb hais lus Hmoob
Former Milwaukee Prosecutor
Community Supporter of social justice causes