Under Wisconsin Statute § 940.19, you may face a battery charge if you cause bodily harm to another by an act done with the intent to cause bodily harm to that person without the consent of the person harmed. There are a few different criminal battery charges in Wisconsin. A "simple battery" is a class A misdemeanor punishable by up to nine months jail and up to a $10,000 fine. These type of charges are considered a violent crime and can be charged as a domestic violence crime. More server charges can be brought if you caused substantial or great bodily harm. These are felony charges. Additionally, if the victim is older than 62, or has a physical disability, you can be charged with a felony.
Battery Attorney in Madison, WI
Anderson & O'Connell, S.C. is experienced in representing individuals charged with committing a battery offense in Wisconsin. Our attorneys know the law and how to argue the right defense. If you have been charged with any type of criminal battery charge we can help. We are Madison's battery attorneys. Contact us today for a free consultation.
The state must prove beyond a reasonable doubt the following four elements:
- You caused bodily harm to another individual;
- you intended to the cause bodily harm;
- you caused the bodily harm without the consent of the individual; and
- you knew the victim did not consent.
Intending to cause bodily harm means that you were aware that your conduct was practically certain to cause bodily harm.
Defending against a Wisconsin battery charge
The state must prove every element stated above in order to convict you of a battery. The most common defense is arguing that the state has failed to prove those elements. However, there are many instances where the individual charged has a valid defense. In addition to making the State prove all the elements of the crime charged, there are defenses that may be applicable in your case. For example:
- Defense of others
- Defense of property
If you are facing a criminal charge and believe you have a valid defense, it is very important to seek representation. These defenses require knowledge of the law and how to apply it. The attorneys at Anderson & O'Connell, S.C. are experienced battery attorneys in Madison, WI.