What the State must prove to convict you of battery.
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.