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A simple battery in Milwaukee, Wisconsin, could carry a penalty of 9 months in jail, a fine of up to $10,000 or both. If the battery is substantial, it could increase the maximum penalty to a fine of $10,000 and prison sentence of 3.5 years. Aggravated battery: a maximum penalty of 15 years in prison and a $50,000 fine.
Misdemeanor, Substantial & Felony Battery Water Street office (Milwaukee's lower east side)
If a battery case is determined a Class A misdemeanor, the charge carries up to nine months in jail and up to a $10,000 fine or both. Depending on the severity of the injuries, it can also be charged as a felony with up to 15 years in prison and a $50,000 fine or both.
Battery in Milwaukee
The crime of battery is defined in Wisconsin Statutes as intentionally causing bodily harm to another without that person's consent. Bodily harm is any physical pain or injury, illness, or any impairment of physical condition. Misdemeanor battery does not require that the victim suffered a broken bone, or any actual physical mark. Battery can be charged where the victim alleges only that they experienced pain.
Substantial battery can be charged when a person intentionally causes substantial bodily harm to another without that person's consent. As a Class I felony, substantial battery carries a maximum of three and a half years in prison and up to a $10,000 fine or both. Substantial bodily harm is defined as any bodily injury that causes a laceration that requires stitches, a bone fracture, a broken nose, a burn, temporary loss of consciousness, a concussion, or loss or fracture of a tooth.
Aggravated battery requires the State to prove that the defendant caused great bodily harm to another either with intent to cause bodily harm or with the intent to cause great bodily harm. If the intent was to cause bodily harm, it is a Class H felony that carries a maximum of 6 years in prison, a fine of up to $10,000, or both. If the intent is to cause great bodily harm, aggravated battery is a Class E felony that carries a maximum of 15 years in prison, and a fine of $50,000 or both. Great bodily harm means any bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss of the function of any bodily member or organ.
Battery charges will often have a domestic abuse modifier or enhancer charged as well. The domestic abuse modifier can be added to any criminal charge where the victim and the defendant share a domestic relationship. A domestic relationship exists between spouses or former spouses, roommates or former roommates, or people who share a child in common. Keep in mind, a physical fight with your roommate can be a crime of domestic abuse. A domestic abuse modifier adds additional potential penalties to the crime of battery and can increase a misdemeanor charge to a felony in certain circumstances.
How long does battery stay on my record?
A conviction for a battery charge will remain on your record permanently in Milwaukee. Certain battery offenses may be eligible for expunction if the case meets the expungement criteria. However, the expunction does not remove the conviction from your record. Rather, expungement merely removes the conviction from public view. It will still appear on your criminal record and may be required to be reported on employment applications, or other professional licensing applications. Some battery offenses are not eligible for expunction at all.
How to beat a battery charge
There are several potential defenses to a battery charge. The State must show that you intentionally caused harm to the victim in order to convict you of a battery charge. An accidental cause of harm does not rise to the level of a violation of the law. If you are roughhousing with your roommate and accidentally give them a black guy, you have not committed the crime of battery.
Additionally, self-defense is an affirmative defense to the charge of battery. A defendant can claim self-defense when they reasonably believe that there was an actual or imminent unlawful interference with the defendant’s person, and the defendant believes that the amount of force used or threatened was necessary to prevent or terminate the interference. A claim of self-defense requires not only that the threat to the defendant be imminent but also that the belief in that threat is reasonable.
Our experienced and knowledgeable Milwaukee attorneys can evaluate your case to determine if you have any defenses to your battery charge.
