BATTERY CHARGES IN WISCONSIN: WHAT YOU NEED TO KNOW

If you live in Wisconsin, then you should be aware of the battery laws and the penalties imposed on people who break these laws.

Contrary to popular belief, assault and battery are not two words used to describe the same crime; according to Wisconsin state law, the crime of battery is committed by using force against someone with the intent to injure them, while the crime of assault is committed by threatening to harm someone physically.

However, many people are charged with both crimes at the same time, which is likely where the misconception that the two terms describe the same crime stems from. 

Read on to learn about the various battery charge types, their penalties, and how a defense lawyer can help you battle these violent charges if you were recently accused of battery. 

Types of Battery Charges

Depending on the injuries resulting from the crime, battery can be considered a misdemeanor or felony crime. 

Simple Battery

Simple battery is any act done with intent to cause bodily harm to another individual that does not cause substantial bodily harm. While simple battery can cause slight harm (such as bruises or skin abrasions) to an individual, battery does not have to result in any harm at all to be considered a crime. 

There are two main types of simple battery in the state of Wisconsin: domestic battery and non-domestic battery. While both crimes warrant the same penalties, the police officer the crime is reported to handles them differently.

In instances of domestic simple battery, the accused is typically arrested and booked into a local jail where they then remain until a judge sets bond.

Following non-domestic misdemeanor battery incidents, the officer on the scene typically issues the accused a Wisconsin Uniform Misdemeanor Citation. This is not a simple ticket, but instead an order to appear in court; if you do not show up to court on your scheduled day and time after being issued this citation, a warrant for your arrest is issued. 

Misdemeanor simple battery is punishable by up to 9 months in jail and a fine of up to $10,000. 

Substantial Battery

Another type of battery in Wisconsin is substantial battery, which is a type of felony battery. While the definition of substantial battery is the same as simple battery, a simple battery charge gets upgraded to substantial battery when the act intended to cause bodily harm causes substantial bodily harm. 

Examples of substantial bodily harm include one or more broken bones, a concussion, and deep cuts that require stitches. 

The penalty for this crime is up to 3.5 years in prison and a fine of up to $10,000. 

Aggravated Battery

Like substantial battery, aggravated battery is also a felony crime in Wisconsin. This battery type results in great bodily harm, which means an injury that could have been deadly or that causes lasting disability or disfigurement. 

The penalty for committing aggravated battery is up to 15 years of prison time and a fine of up 10 $50,000.

Do's and Don'ts After a Battery Arrest

If you are accused of battery in the state of Wisconsin, you need to know what to do and what not to do after being accused. 

Do reserve your right to remain silent when being questioned by police. Inform the arresting officer that you would not like to answer any of their questions until you have an attorney present. Remember that anything you say to the officer can later be used against you in court. Then, contact an experienced defense attorney for legal representation. 

Don't speak to or visit the alleged victim as you await your court hearing, whether the arresting officer issues a no-contact provision that orders you to have no contact with your accuser not. If you break a no-contact order, this is a crime in itself with stiff penalties. In addition, anything you say to your accuser could be used against you in court. 

Do start gathering evidence that can help your attorney prove your innocence. Write down a list of potential witnesses that either was or may have been at the scene of the alleged crime and take photos of any injuries you sustained during any physical interaction with your accuser. Also, write down your memories of the day or evening of the alleged crime, including any interaction you may have had with your accuser. 

Don't lose hope if you feel like you do not have much evidence proving your innocence. If there is little evidence of the event altogether, then that means that there is likely little evidence the prosecuting attorney can use against you to prove that you are guilty beyond a reasonable doubt in court.

Don’t discuss your case with any person except a lawyer — especially on a phone at the jail. All calls on jail phones are recorded.

Since assault and battery are two of the most common violent crimes committed in the United States, everyone should understand exactly what these crimes are, their penalties, and what to do if accused of committing one. Contact the experienced criminal defense attorneys at Cohen Law Offices for expert criminal defense today.