Substantial Battery Charge in Wisconsin

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Understanding Substantial Battery: From Misdemeanor to Class I Felony

In Wisconsin, specific situations and circumstances can escalate a misdemeanor battery charge to a felony level. This escalation often occurs when the injuries inflicted upon the victim are severe or when the victim belongs to a protected class. One notable instance is when an assault results in substantial bodily harm to another person, which can lead to a charge of substantial battery. Classified as a Class I felony, substantial battery carries significantly harsher penalties, reflecting the seriousness of the offense and the extent of harm caused.

Substantial Battery Charge

In Wisconsin, the severity of charges for causing bodily harm varies significantly based on the intent behind the act and the nature of the harm inflicted. Specifically, causing great bodily harm to another with the intent to cause bodily harm elevates the charge to a Class H felony. If it’s proven that there was intent to cause great bodily harm, the charges intensify to a Class E felony. Moreover, acts that create a substantial risk of great bodily harm to another are also classified as Class H felonies.

The law introduces a rebuttable presumption that an act created a substantial risk of great bodily harm under two conditions:

  1. The victim is 62 years of age or older.
  2. The victim has a physical disability, which could be congenital or acquired through accident, injury, or disease, and is either apparent to an ordinary observer or known by the perpetrator.

These provisions highlight the legal system’s heightened protections for older adults and individuals with disabilities, recognizing them as particularly vulnerable to the effects of bodily harm. Understanding these distinctions is crucial for comprehending the potential legal repercussions of actions that result in harm to these protected groups.

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Substantial Battery Defense Attorneys

What is considered substantial or great bodily harm?

Substantial bodily harm includes:

  1. Lacerations the require staples, stitches, or tissue adhesive
  2. Bone fractures and broken noses
  3. Tooth losses and fractures
  4. Burns
  5. Petechia (ruptured blood vessels in the skin, eyes, eyelids or mucous membranes), and
  6. concussions and temporary losses of consciousness, sight, and hearing.

Great bodily harm includes:

Great bodily harm is defined by Wisconsin statute as an injury that creates a substantial risk of death or causes serious and permanent disfigurement or the loss of use or impairment of an organ or appendage. Often the difference in penalties will be whether or not the prosecutor can prove that the individual intended to cause great bodily harm.

The defense attorneys at DK Anderson, S.C. are experienced in representing individuals charged with substantial battery attorneys in Madison, WI. Whether you are charged in Dane County or any other part of Southern Wisconsin our attorneys can help. Our experience in defending against substantial battery charges is crucial in obtaining the right results.

Other circumstances where a battery is a felony charge

In Wisconsin if a battery is committed against a certain individual, it will also be considered a felony. In these situations the charge will be a felony even if it does not result in substantial or great bodily harm. These individuals include but are not limited to the following:

  1. Public officers
  2. Other prisoners
  3. Judges
  4. Jurors
  5. Police Officers
  6. Probation and Parol agents; and
  7. Firefighters and Commission Wardens
 
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