Serving the accused in Wisconsin’s Milwaukee, Waukesha and Kenosha counties .

Wisconsin Violent Crime Charges: A Brief Overview

In Wisconsin, “violent crime” is a category that encompasses a broad range of offenses where physical force is used or threatened, or where the potential for serious bodily harm is high. The state’s definition is notably more expansive than the federal definition, including various degrees of battery, reckless endangerment and even certain OWI (operating while intoxicated) offenses.

Convictions of violent crimes in Wisconsin come with serious potential consequences. The state’s laws define various offenses, each carrying specific penalties based on the nature of the evidence proven. Sentencing for violent crimes is governed by a strict, “bifurcated” system under the “Truth in Sentencing” law. This means that a judge’s sentence is broken into two distinct parts: the initial confinement (prison time) and the extended supervision (monitoring in the community). Unlike some other states, there is no parole in Wisconsin; those convicted serve every day of the initial confinement portion.

The following list categorizes some of the more common violent crime charges under Wisconsin statutes:

Homicide And Bodily Harm

First-degree intentional homicide: The unlawful and intentional killing of another human being (§ 940.01).
Reckless homicide: Wisconsin recognizes two tiers. Second-degree (§ 940.06) involves causing death through criminally reckless conduct, where the defendant was subjectively aware that their conduct created an unreasonable, substantial risk of death or great bodily harm to another person. First-degree (§ 940.02) is a more severe charge requiring that same reckless conduct plus circumstances showing an “utter disregard for human life.”
Battery: Ranging from “simple battery” (misdemeanor) to “substantial” or “aggravated battery” (felonies), depending on the severity of the injury and intent (§ 940.19).
Sexual assault: All degrees of sexual assault, including those involving children or the use of a weapon (§ 940.225).
Stalking: When the behavior causes a victim to fear bodily injury or death (§ 940.32).

Crimes Against Safety And Public Order

Recklessly endangering safety: The law divides this charge into two felony tiers: Second-degree (§ 941.30(2)) Engaging in conduct that recklessly endangers another. First-degree (§ 941.30(1)) elevates this to a more serious felony because the reckless behavior must show an “utter disregard for human life.”
Armed robbery: Taking property from another by use or threat of a dangerous weapon (§ 943.32).
Carjacking: Taking a vehicle by force or threat of force (§ 943.23).
Endangering safety by use of a dangerous weapon: This includes intentionally pointing a firearm at another person (§ 941.20).

Crimes Against Liberty And Property

Kidnapping and hostage taking: Seizing or confining a person by force (§ 940.31, § 940.305).
Arson: Intentionally damaging a building or property by means of fire or explosives (§ 943.02).
False imprisonment: Intentionally confining or restraining another without their consent (§ 940.30).

Specialized Violent Designations

Domestic abuse: While not a standalone “crime,” a domestic abuse enhancer can be attached to battery or stalking charges, which often subjects the defendant to mandatory arrest and stricter penalties (§ 968.075).
Intimidation of a victim/witness: Using force or threats to prevent someone from reporting a crime or testifying (§ 940.42 to § 940.45).

The categorization of “violent crime” in Wisconsin can trigger sentence enhancers (e.g., crimes committed in a “school zone” under § 939.632) and impacts eligibility for certain types of bond or early release programs.

Assault And Battery In Wisconsin

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, intending 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.

Are you facing violent crime charges in Wisconsin? At Lee Law Firm, LLC, we can help. Call us today at 414-567-5631 or contact us online to schedule a meeting at our Milwaukee office.

What Are The 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 a 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, 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 physical function
Severe risk of death

A conviction of a Class A misdemeanor, the lowest possible battery charge, can still result in up to nine 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 may also have difficulty obtaining new employment or housing.

Why Hire Our Criminal Defense Lawyers?

No matter your situation, a Milwaukee violent crime attorney can walk you through your defense options and help you build a strong case. If you or a loved one has been charged with any type of violent crime, it is in your best interest to seek a legal professional who understands the relevant statutes and knows how to build a strategic case. Our founding attorney, May Lee, is a former prosecutor. She knows Wisconsin’s criminal justice system from both sides of the courtroom. She leads our experienced legal team in working to protect your rights throughout the legal process. Keep hope if you face these charges; we are committed to promoting equal justice and will do everything possible to assert your best interests.

Contact A Milwaukee Violent Crimes Defense Firm Today

At Lee Law Firm, LLC, we will review how the evidence will weigh for and against you, allowing you to make informed legal decisions on how you want to proceed with your case. We have the knowledge, experience and resources to fight for you every step of the way. Contact Lee Law Firm, LLC, today to schedule a FREE consultation at 414-567-5631.