Wisconsin Misdemeanor Battery Laws and Penalties
The below is intended for informational use only and does not constitute legal advice or an attorney relationship. If you are facing a criminal charge in Wisconsin please contact a defense lawyer for a free consultation.
Domestic Violence Fines & Penalties
There are three types of battery, varying from least to most serious:
- Battery - Intentionally causing bodily harm to another without the person's consent, which is a Class A misdemeanor that can be penalized by up to 9 months confinement and a fine up to $10,000.
- Substantial Battery - Intentionally causing substantial bodily harm to another, which is a Class I felony punishable by up to 3.5 years in prison and up to a $10,000 fine.
- Aggravated Battery - Causing great bodily harm to another, either with the intent to cause bodily harm (Class H felony) or the intent to cause great bodily harm (Class E felony). A Class H felony can be punished by at most 6 years in prison and a fine of $10,000 and a Class E felony can be punished by at most 15 years in prison and a fine of $50,000 fine.
Our criminal defense attorneys have negotiated multiple felonies down to misdemeanors, non-criminal tickets and outright dismissal of charges. Through negotiation or jury trial our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. Grieve Law LLC has the firearm, criminal defense, drug and DUI attorneys in Waukesha and Milwaukee that surrounding areas trust for powerful results.
What is Misdemeanor Battery?
“Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.” (Wisconsin Statute 940.19(1))
Class A Misdemeanor Battery means causing bodily harm to another person, including an unborn child, intentionally and without the other person’s consent. In order to be convicted of Misdemeanor Battery the State must be able to prove each of the following elements beyond a reasonable doubt:
- 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.
Examples of misdemeanor battery include domestic abuse or a fight resulting in bruises, cuts, and scrapes.
You are only accused if charged with a crime™
Statute of Limitations for Misdemeanor Battery
Statutes of limitations set time limits on how long you have to file a lawsuit or how long the state has to prosecute someone for a crime. These time limits vary from state to state and depend on the individual legal claim or crime. The time period begins on the date the crime or other incident occurs, and once the time period expires, the lawsuit cannot be filed and the defendant cannot be prosecuted. According to Wisconsin Statute 893.57, the statute of limitations for battery is 3 years. This means that you cannot be charged with misdemeanor battery for a fight you were involved in more than 3 years ago.
Legal Defenses for Misdemeanor Battery
There are affirmative legal defenses to the crime of Battery, namely Self-Defense. The law of Self-Defense allows the defendant to threaten or intentionally use force against another only if each of the following conditions are satisfied:
- 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 to use was necessary to prevent or terminate the interference.
- The defendant’s beliefs were reasonable.
If you have been charged with Misdemeanor Battery, it is important to hire an experienced criminal defense attorney with a proven track record of success in the courtroom. There are important nuances in Misdemeanor Battery cases that can make or break your case, and you need a skilled advocate to navigate them properly.
Penalties for Felony Battery in Wisconsin
A felony battery conviction is punishable by a prison sentence and a permanent mark on the defendant’s record. There are three levels of felony battery depending on the severity of the injury caused.
Class I Felony Battery Charges and Penalties
Class I felony means the defendant caused substantial bodily harm (not just bodily harm) with intent and without consent. Substantial bodily harm refers to:
- Injuries requiring stitches 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 up to 3.5 years in prison, and fines up to $10,000.
Class H felony battery causes great bodily harm with the intent to cause harm. Great bodily harm refers to:
- Substantial risk of death
- Serious and permanent disfigurement
- Loss of use or impairment of an organ or appendage
Class H felony battery is punishable by up to 6 years in prison and fines up to $10,000.
Class E Felony Battery Charges and Penalties
Class E felony battery differs from Class H felony battery in the intent. With Class E, the defendant causes great bodily harm with the intention of causing great bodily harm.
This is the most serious felony battery charge and carries penalties up to 15 years in prison and fines up to $50,000.
In any battery case, the severity of the charge depends on what happened to the alleged victim and what the defendant’s intentions were at the time.
Milwaukee Misdemeanor Battery Lawyers Provide Free Legal Consultations
If you or someone you know has been accused of misdemeanor battery or worse, our top rated defense lawyers can reduce the charges or get them dropped entirely. Grieve Law LLC’s misdemeanor defense lawyers have a reputation for winning. When you come to your free legal advice consultation, our Milwaukee battery defense lawyers listen to every detail of your case, discuss your options, and explain what to expect going forward.
You are only guilty if you are convicted. ™