If you're facing battery charges in Wisconsin, you may need answers to important questions:

"Will I have to go to jail for battery?"

"How can I defend against battery charges?"

"Is battery a felony in Wisconsin?

"What is substantial battery vs. aggravated battery?"

Let's explore how battery is defined in Wisconsin and discuss the potential penalties of battery, substantial battery and aggravated battery.

What Counts as Battery in Wisconsin?

In short, when one person purposefully causes injury to another person (or unborn baby), it's considered battery in the state of Wisconsin.

There are different degrees of battery which carry different penalties in Wisconsin, depending on the how severe the intended injury was and how bad the injury actually was.

Wisconsin law classifies whether a battery charge constitutes a misdemeanor or a felony depending on the circumstances and degree of injury to the victim or plaintiff.

Under Wisconsin State Statute 940.19 battery, substantial battery and aggravated battery are described in detail:

940.19  Battery; substantial battery; aggravated battery.

(1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.

(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.

(4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.

(5) Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.

(6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:

(a) If the person harmed is 62 years of age or older; or

(b) If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.

There are different definitions and classifications of battery if the injured party was an unborn child.

Battery of an Unborn Child in Wisconsin

Battery to an unborn child is explained under Wisconsin State Statute 940.195 and covers circumstances concerning the level of intended injury, as well as the degree of injury.

Misdemeanor/felony charges depend upon upon how bad the injury is and the specifics of the situation.

940.195  Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child.

(1) Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class A misdemeanor.

(2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class I felony.

(4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class H felony.

(5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E felony.

(6) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.

Special Circumstances of Battery in Wisconsin

There are additional acts of battery, substantial battery and aggravated battery covered under Wisconsin law. You will find thorough descriptions of additional types of battery and other special circumstances concerning battery at the Wisconsin State Legislature website.

These vary depending on the office, relationship or other designation of the victim. Among the circumstances listed, one will find battery to a juror, battery to probation officer, battery to a public officer and so on.

Battery as Defined by Specific Victim

Still other examples of battery against certain individuals, such as police officers, are further defined in Wisconsin law, beginning with Wisconsin State Statute 940.201 Battery or threat to witnesses and running through Wisconsin State Statute 940.208 Battery to certain employees of counties, cities, villages, or towns.

What are the Potential Penalties for Battery in Wisconsin?

Most cases of battery are considered to be a Class A Misdemeanor, Class H Felony or Class I Felony.

The extenuating circumstances surrounding your case may be determined to bring additional charges and penalties.

Class A Misdemeanor for Battery in Wisconsin

  • According to Wisconsin State Statute 939.51 (2), a Class A Misdemeanor in Wisconsin carries a fine and/or prison time. The fine is not to exceed $10,000 and time of incarceration is not exceed 9 months.

Class H and Class I Felonies for Battery in Wisconsin

  • According to Wisconsin State Statute 939.50, a Class H Felony also carries a fine and/or prison time. In this case, the fine cannot exceed $10,000, while prison time can go up to 6 years.

  • A Class I Felony will result in a fine up to $10,000 and/or prison time up to 3 years and 6 months.

Again, the total of fines, duration of imprisonment and other penalties will depend upon the specifics of your case in its totality.

How Can I Defend Against Battery Charges in Wisconsin?

Facing charges of battery is both stressful and frightening, but remember:

Just because you're been charged, doesn't mean you'll be found guilty. You still have time to present your side to the courts.

Maybe you were defending yourself in a fight someone else started. Maybe another person is lying about your involvement all together. It could be that your constitutional rights were violated in an attempt to try to gather evidence against you.

There are many factors, rules of law and specific details surrounding cases of battery, substantial battery and aggravated battery that must be thoroughly explored in order to plan a solid defense.

With a proper defense, your substantial or aggravated battery charges may be reduced, battery charges may be dropped, you may be found innocent of battery, or your battery case might be dismissed before you even need to go to court.