Misdemeanor Battery Lawyers in Madison
What is Misdemeanor Battery?
using bodily harm to another person including an unborn child, intentionally and without the other person’s consent. To be convicted of a Misdemeanor Battery charge in the state of Wisconsin the following elements must be proved:
- The defendant caused bodily harm to the victim.
- The defendant intended to cause bodily harm to the victim.
- The defendant caused bodily harm without the consent of the victim.
- The defendant knew that the victim did not consent.
When evaluating these elements, Madison defense attorneys will carefully examine the definitions of “cause,” “bodily harm” and “intent” for your specific situation. “Cause” means that the acts of the defendant were a substantial factor in producing the bodily harm of the victim. “Bodily harm” is defined as any physical pain, injury, illness or impairment of the physical condition. And “intent” suggests the defendant had the mental capacity to know their actions would cause bodily harm.
Domestic abuse is a common example of misdemeanor battery and fights that result in bruises, cuts or scrapes.
In Wisconsin, threatening bodily harm is included in the battery statutes. If the misdemeanor battery is committed while using or threatening the use of a dangerous weapon, the penalties can increase to include jail time. Under Wisconsin law, dangerous weapons include firearms, tasers, knives, objects used to suffocate or strangle and anything intended to be used as a weapon.
You are only guilty if you are convicted™
Statute of Limitations for Misdemeanor Battery
Under Wisconsin Statute 893.57, the statute of limitations for battery is 3 years. The clock for the statute of limitations starts on the date of the incident and once the time runs out, it cannot be prosecuted, so you can’t be charged or sued.
Penalties for Misdemeanor Battery in Madison and Dane County
Misdemeanor battery is a Class A misdemeanor and has maximum penalties, but your specific sentence will depend on a number of factors. Maximum penalties include:
- Up to 9 months in jail
- Fines up to $10,000
- Increased jail sentence (up to 6 additional months) for using or threatening to use a weapon
Legal Defenses for Misdemeanor Battery in Madison
Self-defense is the best defense for this charge. Self-defense is permitted if:
- The defendant believed there was an actual or imminent unlawful interference with the defendant’s person.
- The defendant believed the amount of force the defendant used or threatened was necessary to prevent or terminate the interference.
- The defendant’s beliefs were reasonable.
If you’ve been charged with battery don’t face the legal system alone. An experienced Madison criminal defense attorney knows how to defend against these charges. Get an award-winning Grieve Law attorney who will do everything possible to get your charges reduced or dropped.
Penalties for Felony Battery in Dane County
Battery can be a felony charge with maximum penalties of prison time and high fines. Depending on the extent of injuries there are 3 levels of felony battery.
Class I Felony Battery Charges and Penalties
The defendant caused substantial bodily harm with intent and without consent of the victim substantial bodily harm refers to:
- Injuries requiring stiches or staples
- Bone fracture
- Broken nose
- Broken or lost tooth
- Concussion or temporary loss of consciousness, hearing or sight
Class I felony battery is punishable by a maximum of 3.5 years in prison and fines up to $10,000.
Class H Felony Battery Charges and Penalties
For a Class H felony, the defendant must have caused great bodily harm with intent. Great bodily harm is defined by:
- A substantial risk of death
- A serious and permanent disfigurement
- The loss of use or impairment of an organ or appendage
A Class H felony batter conviction is punishable by a maximum of 6 years in prison and fines up to $10,000.
Class E Felony Battery Charges and Penalties
In the state of Wisconsin a Class E felony battery differs from a Class H felony battery in the definition of the defendant’s intent. In a Class E felony, the defendant is accused of causing great bodily harm with the intention of causing great bodily harm, not just harm.
If convicted you could face a maximum penalty of 15 years in prison and fines up to $50,000.
For every battery case, the situation, injuries to the victim and what the defendant’s intentions were at the time will determine the charges.
Free Legal Consultations from Madison Misdemeanor Battery Attorneys
At Grieve law LLC, our attorneys have a reputation for winning in the court room. If you are accused or charged with misdemeanor battery, our strong defense frim can work with you to get the charges reduced or even dropped. During your free initial consultation our team will listen to every detail of your case and plan strategies for the best defense possible.