How Serious Are Charges of Battery Against a Police Officer?

 Posted on May 14, 2025 in Criminal Defense

Recently, law enforcement responded to a disturbance in Madison, WI, at 3:15 a.m. When the police arrived on the scene, they found a male standing over a female, who was on the ground. During the course of questioning both people, the female slapped a police officer, resulting in her arrest. She was charged with battery against law enforcement. There are three types of criminal battery in the state of Wisconsin.

The least serious type is charged as a Class A misdemeanor, resulting in up to nine months in jail and a maximum fine of $10,000 if the defendant is found guilty. If you have been charged with battery in the state of Wisconsin, you should understand that the penalties can be extremely harsh, with long-term consequences. It is beneficial for your future to contact a Walworth County, WI criminal defense lawyer.

What Are the Penalties for the Three Types of Battery in Wisconsin?

The least serious form of battery involves intentionally causing bodily harm to another person without that person’s consent. As noted, a battery conviction can result in up to nine months in jail. Substantial battery is also intentionally causing bodily harm to another person without that person’s consent, but the bodily harm must be substantial.

Substantial bodily harm could be a bone fracture, a broken nose, a concussion, injuries requiring stitches or staples, or a temporary loss of consciousness, hearing, or sight. Substantial battery is a Class I felony with a sentence of up to three and a half years in prison, and fines as high as $10,000.

Aggravated battery involves intentionally causing great bodily harm to another person and can be charged as a Class H or Class E felony. "Great bodily harm" can include serious and permanent disfigurement, loss of use or impairment of an organ or limb, or a substantial risk of death.  

The penalties for a Class H felony conviction are up to six years in prison and fines as high as $10,000. The penalties for a Class E felony conviction are up to 15 years in prison and fines as high as $50,000. Battery to a police officer who is performing his or her normal duties can be charged as a Class I felony.

What Are Some Common Defenses for Battery?

Perhaps the most common defense to battery charges is to argue self-defense. Under Wisconsin law, self-defense is an affirmative defense that admits harm was caused to another person, but that physical force was necessary to protect oneself from harm.

Claiming self-defense against battery charges requires a reasonable belief of unlawful interference and that only a reasonable amount of force was used during the self-defense. "Reasonable" in this case usually means that the amount of force that is allowed must be proportional to the danger faced.

Other common defenses to battery include:

• The defendant was misidentified by a witness and has an alibi for the time of the crime.
• There were mistakes made by the police, including the lack of an arrest warrant, lack of probable cause, mishandling of evidence, failure to Mirandize the defendant properly, or failure to allow the defendant his or her right to an attorney.
• The battery was not a crime but a fight that both parties consented to.  

Contact a Milwaukee County, WI Criminal Defense Lawyer

If you are facing charges of battery or another serious criminal offense, the best step you can take is to contact an experienced Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC. Attorney Bucher has litigated the most complex, high-profile cases in the state of Wisconsin and has personally handled dozens of homicides, hundreds of DUIs, and thousands of serious drug crime cases. To schedule your free consultation, call 262-303-4916.