Misdemeanor, Substantial & Felony Battery Glendale-Whitefish Bay office near Bayshore Mall

Penalties for Battery in Whitefish Bay and Glendale

Under Wisconsin statute 940.19(1), anyone that causes bodily harm to another person with the intent to cause that person harm without their consent can be found guilty of battery. Battery is a Class A misdemeanor in the state of Wisconsin, which means that it comes with penalties of up to nine months in jail and a $10,000 fine.

There are also three different felony-level battery charges under the law.

The least serious of those is a Class I felony, which is battery causing substantial bodily harm. Substantial bodily harm can refer to injuries that would require stitches or staples, a fracture of a bone, a broken nose, a broken tooth, concussion, or temporary loss of consciousness hearing or sight. This is a Class I felony, which comes with a maximum penalty of 3 1/2 years in prison and up to $10,000 in fines.

The next level is battery causing great bodily harm. Great bodily harm is defined as a substantial risk of death, serious and permanent disfigurement, or the loss of use or impairment of an organ or appendage. If someone has a large scar due to an injury from this type of case, it could be considered great bodily harm. This is a Class H felony and comes with a maximum penalty of six years in prison and/or up-to a $10,000 fine.

The most serious battery charge is the Class E felony, where the defendant is accused of battery with the intention of causing great bodily harm. A Class E felony comes with the maximum possible penalty of 15 years in prison as well as fines up to $50,000.

Battery in Glendale and Whitefish Bay

Each crime in the State of Wisconsin comes with a list of elements that act as a checklist to find somebody guilty of a crime. For misdemeanor battery, the state has to prove four things:

1. First, they have to prove that the defendant caused bodily harm to another person.
2. Second, they have to prove that they intended to cause that bodily harm to the other person.
3. Third, the state has to prove that the victim did not give consent to this person to harm them.
4. Fourth, the state has to prove that the aggressor knew that the victim did not consent to that bodily harm.

A battery charge in Glendale or Whitefish Bay can be incredibly complicated given these four different elements. When it comes to whether somebody caused bodily harm or what bodily harm means, there can be a lot of twists and turns depending on how the situation played out. It would be pretty obvious in the situation of a bar fight, for example, that neither party would be consenting to injury from the other person and that the injury was intentional.

Bodily harm in the state of Wisconsin has varying definitions as well. It is defined as any physical pain or injury, illness, or impairment of a physical condition. While this can mean a lot of things, the extent of the injury is also important. If the injury is serious enough, you could be facing a felony instead of just a misdemeanor. Most common examples of injuries from misdemeanor battery include bruising, a scratch, or a minor cut.

Similar to many other charges in Glendale and Whitefish Bay, battery can come with various penalty enhancers such as a domestic violence enhancer or a dangerous weapon enhancer. How does the state of Wisconsin classify a dangerous weapon enhancer? The legal question becomes whether it can put somebody's life in danger. In almost all cases, a gun is considered a dangerous weapon, as is a knife. However, what about a baseball bat? A dangerous weapon enhancer on top of a conviction for a battery charge can add up to an additional six months in jail. 

In any of these battery cases, the state must prove that the injuries were intended to be inflicted on the victim, as well as the extent of the victim's injuries. It is very common to supply the victim’s medical records in order to prove the various injuries in a case. This is different from a misdemeanor battery where somebody can just say that they experienced pain. Plus, there is not always medical documentation for a minor scratch or bruise. 

There are various defenses that can be used in a battery case, and one of the most common of those is self-defense. Self-defense can be used under Wisconsin law if the person believed that there was “actual or imminent unlawful interference” with their person, that the amount of force that the defendant used to protect themselves was necessary to stop being attacked, and that the beliefs were reasonable. It is important to remember the reasonableness aspect of a self-defense case. Think about the reasonableness in bringing a Gun to a fistfight. It would not be reasonable to shoot or stab somebody who was slapping you in the face. 

 Our criminal defense lawyers can consult with you on Wisconsin knife length laws, Wisconsin sword laws, and Wisconsin switchblade law.