Wisconsin Battery Charge
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Understanding Battery Under Wisconsin Law: Wis. Stat. § 940.19
Battery charges in Wisconsin fall under Wisconsin Statute § 940.19, which criminalizes the act of intentionally causing bodily harm to another person without their consent. The statute outlines a range of offenses, from misdemeanor battery to felony-level aggravated battery, depending on the degree of harm inflicted, the method used, and the identity or vulnerability of the victim
Types of Battery Charges in Wisconsin
Simple Battery (Class A Misdemeanor)
• Bodily harm is caused intentionally but does not result in substantial or great bodily harm.
• Penalties include up to 9 months in jail and fines up to $10,000.
Substantial Battery (Class I Felony)
• Involves causing substantial bodily harm, such as broken bones, lacerations requiring stitches, or loss of consciousness.
• Penalties include up to 3.5 years in prison and fines up to $10,000.
Aggravated Battery (Class H or E Felony)
• Class H Felony: Causing great bodily harm with intent to cause bodily harm.
• Class E Felony: Causing great bodily harm with intent to cause great bodily harm.
• Penalties range from 6 to 15 years in prison, depending on the charge.
Battery with Special Victim Considerations
• Battery against certain protected individuals—including older adults (62+), individuals with disabilities, law enforcement officers, or healthcare workers—can enhance the charge and elevate it to a felony, even if the injury is not substantial.
• Battery involving a current or former intimate partner may be charged as domestic abuse, triggering additional penalties and restrictions, including mandatory arrests, no-contact orders, and firearm restrictions upon conviction.
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What the State Must Prove to Convict You of Battery in Wisconsin
To convict a person of battery under Wisconsin law, the prosecution must prove each of the following elements beyond a reasonable doubt:
1. The defendant caused bodily harm to another person.
2. The defendant intended to cause bodily harm.
3. The bodily harm was caused without the consent of the victim.
4. The defendant knew that the person did not consent.
Intent is a key element. Wisconsin law defines intent as being “practically certain” that one’s conduct would result in bodily harm.
Common Legal Defenses to Battery Charges in Wisconsin
Battery charges may be defended on both factual and legal grounds. While the prosecution bears the burden of proving every element of the crime, several affirmative defenses may apply:
1. Self-Defense – You used reasonable force to protect yourself from an imminent threat.
2. Defense of Others – You acted to protect another person from bodily harm.
3. Defense of Property – In some cases, limited force may be justified to prevent unlawful interference with property.
4. Accident – The harm was not intentional or reasonably foreseeable.
5. Consent – The victim knowingly and voluntarily consented to the conduct that caused the harm (often relevant in mutual fights or sporting contexts).
Each of these defenses involves detailed legal standards and must be supported by credible evidence. That’s why early legal intervention is crucial.
Contact DK Anderson, S.C. – Your Madison Battery Defense Attorneys
If you’ve been charged with battery in Madison or Southern Wisconsin, don’t wait to seek legal counsel. At DK Anderson, S.C., we fight aggressively to protect your rights and defend your freedom. We offer free consultations and personalized legal strategies to meet the needs of your case. Let’s start building your defense today.
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Frequently Asked Questions - Wisconsin Battery Charges
No. Simple battery is a misdemeanor, but charges escalate to a felony when the harm is more serious or when the victim is a protected class (such as an elderly person or police officer).
Yes. Causing any physical pain or injury without consent—even if minor—can result in battery charges under Wisconsin law.
Not necessarily. The state—not the victim—controls whether to prosecute. A victim’s request may be considered but does not guarantee dismissal.
Substantial bodily harm includes injuries like broken bones or stitches. Great bodily harm refers to injuries that pose a substantial risk of death or cause permanent disfigurement or long-term loss of function.
No. You should exercise your right to remain silent and contact an attorney immediately. Anything you say can be used against you in court.
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