Hartley Pecora Law News

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What Constitutes Battery in Wisconsin?

In the state of Wisconsin (and just about every other state in the country), physical battery is against the law.

However, not all cases of battery are viewed equally by a court of law. Like most offenses, they are judged on a spectrum, and are penalized based on their severity. 

For instance, spitting in somebody’s face is not considered equivalent to hitting somebody so hard that you break their nose. Each offense carries its own level of severity.

So, what exactly is battery in Wisconsin, and how is it judged? Let’s take a look.

Misdemeanor Battery in Wisconsin

What is Misdemeanor Battery?

Misdemeanor battery is the less severe form of battery, and is generally considered any form of physical attack which causes bodily harm, and which is intentional and done without the permission of the attackee. In this case, bodily harm can mean anything from sickness, to mental impairment, to physical dysfunction.

Specific acts which may be considered misdemeanor battery include pushing, spitting, and tackling. Blowing smoke in someone’s face or throwing an object at a person can also be considered misdemeanor battery.

Physical contact alone is not necessarily considered misdemeanor battery. Lightly tapping someone to get their attention, for instance, is not considered battery of any sort.

But if you make contact with someone in an aggressive manner, you’re likely committing misdemeanor battery.

This is, of course, provided that your physical contact doesn’t result in any serious injury. Causing serious injury will bump your offense up to a felony.

What are the Penalties for Misdemeanor Battery?

Provided that you didn’t make any threats of using a violent weapon, a misdemeanor battery offender can be penalized with up to 9 months in prison, and up to a $10,000 fine. This is, of course, a maximum penalty.

Those who commit misdemeanor battery and threaten someone with a violent weapon will usually receive a harsher penalty. In total, these types of offenders can serve up to 15 months in prison.

Felony Battery in Wisconsin

What is Felony Battery?

Felony battery is much more serious than misdemeanor battery, and is generally characterized by physical attacks in which the abused is seriously injured. Both living people and unborn fetuses can be subject to felony battery in the state of Wisconsin.

As with misdemeanor battery, felony battery is something which causes sickness, mental impairment, or physical dysfunction to another person.

Felony battery itself is put into two categories: substantial and aggravated.

Substantial felony battery involves physical attack which results in knocked out teeth, severe cuts, broken bones, and the like. It does not include physical attack which results in long-term complications.

Aggravated felony battery involves physical attack which results in long-term ailments such as permanent memory loss, third-degree burns, and severed limbs. It’s the most serious form of battery that there is.

What are the Penalties for Felony Battery?

When it comes to penalties for felony battery, there is quite a wide margin. Prison terms typically range between 3 ½ and 15 years, with less severe offenders serving shorter prison terms overall.

Based on the severity of the crime, it will be labeled a Class H, E, or I felony. Each of these classes is subject to its very own penalties, but they all typically involve prison time. In essence, felony battery is a serious offense which should be avoided at all costs.

Get Help Fighting Your Battery Charge

Have you been charged with misdemeanor or felony battery? If so, you would be best served by hiring an attorney to defend you in a court of law. Live in the Milwaukee area? We here at Hartley Pecora Law Offices are exactly who you need to turn to.

Our team of seasoned defense lawyers possesses years of experience in this particular area, and will provide you with the fair shake that you deserve.

Contact us for a free consultation today!