(262) 786-7100
If you are charged with battery in Racine or Kenosha you are facing a criminal offense ranging from a class A misdemeanor (penalties of up to 9 months in jail, a $10,000 fine or both) to a class E felony (penalties of up to 15 years in prison, $50,000 in fines or both).
Glenn Gaskill
OWI & Criminal Defense Attorney
Battery: Class A Misdemeanor
To be convicted of a misdemeanor battery in Racine or Kenosha, the State must prove that you intentionally caused physical harm to someone else without the consent of that person. This can be pain, injury, illness or anything that affects their physical condition. Being charged with battery only requires that the victim says they were caused pain by the physical contact.
Substantial Battery: Class I Felony
A substantial battery can be charged if you try to hurt someone, without their consent and in the process, they suffer an injury to the level of substantial bodily harm. If convicted of the class I felony you face up to 3.5 years in prison, a $10,000 fine or both. Any injury that causes a cut requiring stitches, a bone fracture, a broken nose, a burn, temporary loss of consciousness, a concussion or loss or fracture of a tooth is defined as substantial bodily harm.
Aggravated Battery: Class H or Class E Felony
The highest level of battery charge you can face in Racine or Kenosha is an aggravated battery, which is when you intended to cause harm and the harm suffered qualifies as great bodily harm. The severity of an aggravated battery charge depends on the type of harm; intent to cause harm vs. intent to cause great harm.
If you were intending to cause harm then it is a class H felony, punishable by up to 6 years in prison, a $10,000 fine or both. If instead, you were attempting to cause great bodily harm then it is a class E felony, punishable by up to 15 years in prison, a $50,000 fine or both. An injury that qualifies as great bodily harm is an injury that creates a substantial risk of death or causes serious permanent disfigurement, or permanent or protracted loss of function of any bodily member or organ.
Any time you are facing a battery charge whether it is a misdemeanor or a felony charge, you may also be facing a domestic abuse modifier. The domestic abuse modifier can be used when a domestic relationship exists between the people involved and includes anyone that you currently or have previously lived with along with anyone you share a child in common with. 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.
A battery conviction in Racine or Kenosha will remain on your record for the rest of your life. Depending on the level of battery you are convicted of you case may be eligible to be expunged. However, having a conviction expunged does not remove it from your record it only seals your record of conviction from public view. Wisconsin has a database for the public to be able to see criminal charges, open cases and convictions called CCAP (Wisconsin’s Circuit Court Access Program). Having a conviction expunged hides that conviction from being visible on CCAP. Both your arrest record and the record of your conviction will remain permanently.
Whenever charges require intent, it can be difficult for the prosecutor to prove their case. To be convicted of battery the prosecutor must prove that you caused physical harm to someone else, that you intended to cause them harm and that you did so without that person’s consent. For a prosecutor to be successful in their case they must prove each element of the offense, if they are missing even one then you cannot be convicted. Our knowledgeable Racine and Kenosha lawyers are skilled and experienced in defending against these charges, from reviewing your case to interviewing witnesses and suppressing evidence the prosecutor intends to use against you.
Depending on the circumstances of your case, you may also be able to claim that you were acting in self-defense. To use a self-defense claim, your threat or use of force must have been because you believed, reasonably, that there was actual or imminent unlawful interference with your person and that you believed the amount of force or threat was necessary to prevent or end that interference. To be successful with a self-defense claim all three conditions must be met.
Our Racine and Kenosha lawyers will work with you to determine the best way to fight against your charges to get them reduced or completely dismissed.
