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Simple battery charges in Appleton, Wisconsin could result in penalties of up to 9 months in jail and/or $10,000 in fines. Substantial battery could result in similar fines but up to 3.5 years in prison. Aggravated battery has a maximum penalty of 15 years in prison and $50,000 in fines.
Misdemeanor, Substantial & Felony Battery Appleton office near city hall
Battery Penalties in Appleton
Misdemeanor battery charges result in 9 months of jail time and/or up to $10,000 in fines. If the victim's injuries are severe, the crime could be categorized as a felony. Felony battery charges could result in up to 15 years in prison and/or $50,000 in fines.
Simple Battery Charges
Under Wisconsin Statutes, battery is defined as intentionally causing bodily harm to another person without consent. Body harm consists of:
- Physical pain
- Physical injury
- Illness
- Impairment
As long as the victim says they experienced pain, you can be charged with battery. Misdemeanor battery charges apply even if the victim didn’t suffer a broken bone or physical mark.
Substantial Battery Charges
When a person intentionally causes substantial bodily harm to another person without consent, it is a substantial battery charge. Substantial battery is a Class I felony offense with maximum penalties of 3.5 years in prison and/or $10,000 in fines. Substantial bodily harm can be an injury that causes lacerations that require stitches, including:
- Bone fractures
- Broken nose
- Burns
- Concussion
- Lost or fractured teeth
- Temporary loss of consciousness
Aggravated Battery Charges
The state must prove you intended to cause bodily harm or great bodily harm to a victim to charge you with aggravated battery. Great bodily harm refers to bodily injury that creates a substantial risk of death, serious permanent disfigurement, or permanent/protracted loss of function of any bodily member or organ. If the intent is to cause bodily harm, it is a Class H felony with penalties of up to 6 years in prison and/or $10,000 in fines. It is a Class E felony if the intent is to cause great bodily harm. This carries a maximum sentence of 15 years in prison and/or $50,000 fines.
Domestic Abuse Modifier in Appleton
Battery charges may also have domestic abuse modifier or enhancer charges as well. If the defendant and victim share a domestic relationship, the domestic abuse modifier can be added to the criminal charge. Domestic relationships are between current or former spouses, current or former roommates, or parents. For example, a physical fight with your roommate can be considered domestic abuse. Domestic abuse modifiers add penalities to battery charges and can increase a misdemeanor charge to a felony charge.
How long does battery stay on your record?
In Appleton, a battery charge will remain on your record permanently if you’re convicted. If your case meets certain criteria, your battery charges may be eligible for expungement. However, expungement does not remove the conviction from your record, it merely removes it from public view. You’ll still have a criminal record and may be required to report it on any professional licensing applications.
How to beat a battery charge
To convict you of battery, the state must prove you intentionally caused harm to the victim. Accidental harm is not a violation of the law. For example, roughhousing with your roommate and giving them a black eye is not an act of battery because it was not intentional.
Self-defense is also a tactic used to fight battery charges. You can reasonably claim self-defense if you believe there was actual or imminent unlawful interference and the amount of force you used or threatened was necessary to prevent or end the interference. These claims require the threat to be imminent and belief in the threat be reasonable.
Grieve Law’s experienced Appleton defense attorneys will assess your case to determine the best defenses to get your battery charges reduced or dropped. As one of the most awarded criminal defense attorneys in Wisconsin, Grieve has dropped or reduced charges for several clients facing first offense DUI, drug charges, domestic abuse and battery charges.
