In Wisconsin, assault charges fall under battery laws, and the penalties they carry are quite serious.
If you are facing any battery charges in Wisconsin, a consultation with a criminal defense lawyer could be the first step towards developing a productive plan of action. Maybe a plea agreement is appropriate or perhaps you won’t be satisfied until you have your day in court. Whatever the case, an attorney can help, looking out for your best interests and your rights.
Wisconsin Misdemeanor Battery – Laws & Penalties
Generally, battery in Wisconsin is charged as a misdemeanor. This is applied when you cause harm to another and you intend to cause that harm and do it without consent. This is considered a Class A Misdemeanor and carries up to 9 months in jail and fines reaching $10,000.
If the prosecution can apply more serious felony charges to the circumstance surrounding your case, they likely will.
Class I Felony Battery
This battery charge is considered more serious than a misdemeanor charge because of the results of the battery. Class I Felony battery charges apply when the assault causes “substantial bodily harm” to another.
Substantial bodily harm is defined as any injury that requires staples, stitches, a loss of consciousness, concussion, the loss of a tooth, a broken bone, or a broken nose.
If conviction of Class I Felony Battery, you could face up to 3 ½ years in prison and $10,000 in fines.
Class H Felony Battery
This charge is applicable where the battery is committed with intent to cause harm and results in great bodily harm to another. It carries a potential 6 years in prison and $10,000 in fines.
Great bodily harm is defined as injury that causes a substantial risk of death or causes permanent disfigurement or the loss of use or impairment of an organ or appendage.
Class E Felony Battery
Very similar to a class H felony battery, Class E felony battery is defined a battery committed with intent to cause great bodily harm and results in great bodily harm to another. This serious felony carries a potential 15 years in prison and fines reaching $50,000.
The differences from one battery charge to the next can be quite subtle. For instance, if the prosecution cannot prove you intended to “cause great bodily harm” but merely that you intended “bodily harm” in general, your charges could be reduced from a Class E felony to a Class H felony.
With the help of an experienced local attorney you can make sense of the charges against you and how best to move forward.