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When Can I Be Charged With Aggravated Battery in Wisconsin?

 Posted on September 08, 2023 in Criminal Defense

WI defense lawyerIn the state of Wisconsin, battery is a serious offense that can result in criminal charges. Simple battery involves intentionally causing bodily harm to another person, and it is usually charged as a Class A misdemeanor. However, there are some cases where aggravated battery charges may apply, and these offenses carry even more severe penalties. Understanding when you can be charged with aggravated battery and the penalties you may face if you are convicted is crucial if you have been accused of this type of offense. With the help of an experienced Wisconsin lawyer, you can determine your options for defense against a battery conviction.

Penalties for Substantial Battery

Under Wisconsin law, substantial battery is a crime that falls between simple battery and aggravated battery. It occurs when someone causes substantial bodily harm to another person with intent or through reckless behavior. Substantial bodily harm refers to injuries that cause great pain, such as cuts that require stitches, bone fractures, or a blow to the head that causes someone to lose consciousness.

If convicted of substantial battery, which is a Class I felony, you could face up to three years and six months in prison and fines of up to $10,000. However, if the victim was an intimate partner or family member, it may be classified as domestic abuse, and enhanced penalties may apply.

Aggravated Battery Charges

The charge of aggravated battery applies when certain factors are present during the commission of the offense. These factors will usually be based on the extent of the injuries suffered by the alleged victim: When a person causes great bodily harm resulting in long-term impairment or disfigurement, they may face charges of aggravated battery rather than simple or substantial battery. 

If a person intended to harm someone else and inflicted great bodily harm, they may be charged with a Class H felony, and if convicted, they may be sentenced to up to six years in prison and fined up to $10,000. If a person intended to cause great bodily harm and actually inflicted these types of injuries, they may be charged with a Class E felony, which carries a sentence of up to 15 years and a maximum fine of $50,000.

Special Circumstances Leading to Increased Battery Charges

In addition to substantial battery and aggravated battery, there are certain circumstances that can further enhance the severity of battery charges in Wisconsin:

  • Victim's age: If the alleged victim was over the age of 60, intentionally causing them to suffer bodily harm may result in Class H felony charges. Intentionally causing great bodily harm to an elder is a Class C felony, and a conviction on these charges can result in a prison sentence of up to 40 years and a maximum fine of $100,000.
  • Pregnant victim: If a person is accused of injuring an unborn child through actions that were meant to harm the child or a pregnant mother, they may be charged with a Class A misdemeanor, and if convicted, they could be sentenced to nine months in jail and fined up to $10,000. A substantial injury to an unborn child may result in Class I felony charges, and great bodily harm to an unborn child may lead to Class H felony charges.
  • Battery against a law enforcement officer: Intentionally injuring a police officer in response to the officer’s actions taken while in the line of duty may result in Class H felony charges.
  • Battery against healthcare workers: Intentionally causing healthcare professionals or their family members to suffer bodily harm is a Class H felony.

Contact an Ozaukee County Battery Defense Lawyer Today

If you have been charged with substantial battery, aggravated battery, or any other offenses involving the infliction of bodily harm, it is crucial to seek legal representation as soon as possible. A conviction can be life-altering, affecting your personal and professional life for years to come.

At Bucher Law Group, LLC, our skilled Walworth County criminal defense attorney is dedicated to protecting the rights of people who are facing criminal charges. We have extensive experience defending clients against battery charges, and we will work tirelessly to build a strong defense strategy for you. To schedule a free consultation, call us at 262-303-4916. We understand Wisconsin's criminal justice system, and we will fight to protect your rights and help you resolve your case successfully. 

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