In 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.

Originally published: May 22, 2019 -- Updated: September 5, 2023

Update: As described below, minors may face charges if they make, possess, or use falsified ID cards. However, since the most common reason for doing so is to be able to purchase alcohol, minors may also face charges related to underage drinking. Criminal charges may also apply to anyone who sells or gives alcohol to a minor. It is important for those who may potentially face these accusations to understand the penalties that may apply if they are convicted. By working with an attorney who has experience in these types of criminal defense cases, they can respond to the charges against them and defend against a conviction.

Being arrested for DUI (Driving Under the Influence) can be a confusing and frustrating experience, especially if you blow under the legal limit in a roadside breathalyzer test. Today, we will explore the unique circumstances in which you can still be arrested for DUI, despite registering a blood alcohol concentration (BAC) below the legal limit of 0.08 percent. If this has happened to you, contact an aggressive criminal defense attorney to fight to have the charges against you dropped, allowing you to move on with your life. 

Breathalyzer Accuracy and Field 

While breathalyzer tests are commonly used to determine a driver’s BAC, they are not infallible. Factors such as calibration errors or improper administration can lead to inaccurate results. Law enforcement officers often rely on additional evidence, such as field sobriety tests, to assess a driver’s impairment level. If a driver exhibits signs of impairment, regardless of the breathalyzer result, they may still be subject to DUI arrest. 

Observational Evidence of Impairment

Law enforcement officers are trained to observe and document signs of impairment during a traffic stop. These signs can include slurred speech, bloodshot eyes, the smell of alcohol, or erratic driving behavior. If a driver exhibits these signs, an officer may arrest them for DUI, even if the breathalyzer indicates a BAC below the legal limit. Even before the traffic stop takes place, if an officer observes an individual driving erratically, they may, on those grounds, choose to initiate the traffic stop. Once the traffic stop is underway, the officer will look further for any evidence of impairment. 

When you look at society today, social media has become an integral part of many of our lives, often providing a platform for self-expression and sharing personal experiences. However, when facing a criminal case, exercising caution and thoughtfulness about what you post online is crucial. Today, we will explore important considerations for using social media responsibly during your criminal case. If you are wondering what it is appropriate and what is not appropriate to post on social media during your case, discuss these matters with your criminal defense attorney, as they are likely to have advice on how to conduct yourself through your case best as not to place yourself in more legal trouble than you are already in.

Potential Risks and Consequences

Unchecked social media activity can have adverse effects on your criminal case. Prosecutors, investigators, and even jurors can access and scrutinize your online presence for evidence damaging your defense. Posts, photos, and even comments made by you or others about the case may be misinterpreted, manipulated, or presented out of context. Reckless or boastful statements related to the alleged offense could significantly undermine your defense strategy and negatively impact the outcome of your case.

Avoid Discussing Your Case

One of the cardinal rules when navigating a criminal case and social media is to avoid discussing your case online. Refrain from sharing any details, opinions, or theories related to the charges, witnesses, or prosecution. Even innocent remarks can be misconstrued and used against you. Remember, anything you say can later be used against you, and sharing sensitive information or engaging in heated debates on public platforms can jeopardize your defense and weaken your legal position.

Child abuse is a deeply concerning and incredibly serious issue that criminal courts prosecute aggressively. In the State of Wisconsin, like in many other states across the country, allegations of child abuse can result in grave legal consequences for those convicted of such charges. If you have been arrested for child abuse, it is important to understand that every accused individual has the right to a robust and aggressive legal defense. Today, we will review some potential defense strategies useful for anyone facing child abuse charges. As with any criminal matter, contact an experienced attorney to lead your defense as you fight to overcome these criminal charges.

Presumption of Innocence

One of the most crucial principles in criminal law, including child abuse cases in Wisconsin, is the presumption of innocence. Like in any criminal case, it is the job of the prosecution to establish the defendant’s guilt beyond a reasonable doubt. This is an important tenant of criminal law, meaning that the defense can argue your innocence by first challenging the evidence against you.

False Allegations

Sometimes, false accusations of child abuse can occur due to misunderstandings, personal conflicts, or vindictive motives. An effective defense strategy may involve presenting evidence indicating the allegations against you are false. Witness testimonies, credible evidence of your whereabouts, or proof that the accuser has a history of making false claims.