When Can a Person Be Charged With Aggravated Battery in Wisconsin?

 Posted on May 09, 2023 in Criminal Defense

Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.

When Can Battery Be Charged as a Felony?

The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.

Felony charges may apply in cases where battery resulted in substantial bodily harm. Wisconsin law defines substantial bodily harm as a bodily injury that resulted in lacerations that required stitches or staples, a fractured bone (including a broken nose), a loss of consciousness, a burn, or a lost or broken tooth. Substantial battery is a Class I felony, and a conviction may be punished by three years and six months in jail and a maximum $10,000 fine.

The most serious felony charges for battery will apply in cases involving great bodily harm. These will typically be serious, life-threatening injuries, including situations where a person experienced impairments in any internal organs or other parts of their body or was permanently disfigured due to issues such as prominent scars or the loss of a limb. In general, aggravated battery in which a person intended to injure someone and inflicted great bodily harm is a Class H felony, and if they are convicted, they may be sentenced to six years in prison and fined up to $10,000. However, if it can be proven that a person intended to inflict great bodily harm, they may be charged with a Class E felony, and upon conviction, they may be required to serve up to 15 years in prison and pay up to $50,000 in fines.

Battery may also be charged as a felony based on the identity of the alleged victim. Intentionally causing bodily harm to an elder over the age of 60 may result in Class H felony charges. A person who intentionally causes great bodily harm to an elder may be charged with a Class C felony and sentenced to up to 40 years in jail and fined up to $100,000. Causing bodily harm or threatening to injure a police officer, judge, or prosecutor or a member of their family is a Class H felony. Injuring or threatening to injure health care providers is also a Class H felony. Battery of a person in a public transit vehicle, such as a bus driver or passenger, is a Class I felony.

Contact Our Waukesha Aggravated Battery Attorneys

Substantial battery and aggravated battery are serious crimes in Wisconsin that carry potentially severe punishments. If you have been charged with one of these offenses, it is crucial to have a knowledgeable criminal defense attorney on your side. At Bucher, Wolff & Sonderhouse, LLP, we can help you determine the strategies that may be used during your case and the steps that can be taken to avoid a felony conviction. We will advocate on your behalf to help you resolve these matters successfully. Contact our Brookfield aggravated battery defense lawyers at 262-232-6699 to schedule your free consultation and get the legal representation you need.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/19

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

https://docs.legis.wisconsin.gov/statutes/statutes/939/i/22