Can I Be Charged With a Crime if No One Was Injured?

 Posted on March 14, 2026 in Violent Crimes

The terms "assault" and "battery" are often used as if they mean the same thing in everyday language. Because of this, most people assume that if you’ve been charged with assault, it’s because you hurt someone.

Under Wisconsin law, however, assault means something specific. You can be charged with a crime for threatening someone or making them fear for their safety, even if you never laid a hand on them.

If you are facing a criminal charge for violence or threats of violence in 2026, you should understand how Wisconsin handles the crimes of assault, battery, and terroristic threats. Our Menomonee Falls criminal defense attorneys will help you understand the exact charges, the penalties you are facing if convicted, and how you can start building a defense to protect yourself.

What Do Assault and Battery Actually Mean in Wisconsin?

Wisconsin law does not actually have a standalone crime called "assault" like you might expect. Instead, Wisconsin has a law called "disorderly conduct" and a separate law called "battery." The difference between these two crimes is important.

If you’ve been charged with the crime of battery in Wisconsin, it’s because the police and prosecutors believe you intentionally caused someone bodily harm. They may claim you hit someone, shoved them hard, or otherwise physically hurt them in some way. Under Wisconsin Statute § 940.19, simple battery is a Class A misdemeanor. If the injuries are more serious, the charge gets more serious, too.

Can You Be Charged with a Crime in Wisconsin if You Never Actually Hurt Anyone? 

Wisconsin law allows prosecutors to charge someone with disorderly conduct or even criminal threats when no physical contact ever happened. Under Wisconsin Statute § 947.01, disorderly conduct covers behavior that is violent, abusive, or otherwise likely to cause a disturbance. This also includes verbal threats and intimidating behavior.

There is also a specific charge called "making terrorist threats" under Wisconsin Statute § 947.019. This sounds extreme, but usually it’s reserved for serious situations when the person charged meant to cause public panic or fear, even if the threat wasn’t going to be carried out.

The bottom line in Wisconsin law is that you do not have to have actually hurt someone to be charged with a crime. If the other person reasonably believed they were in danger because of something you said or did, Wisconsin law may consider that enough to charge you with a crime.

What Kinds of Situations Can Lead to Charges for Disorderly Conduct or Terroristic Threats in Wisconsin? 

People are often shocked to learn they are being charged after what felt like a minor argument or a moment of frustration, but these situations come up all the time. Here are some real examples of how people end up facing criminal charges for disorderly conduct without anyone getting physically hurt:

• An argument gets heated and you raise your fist or step toward someone in a threatening way, even if you never follow through
• During a fight, you tell someone you are going to hurt them, even if you had no real intention of doing anything
• You pick up an object during a fight and hold it in a way that makes the other person believe you might use it
• A neighbor dispute, road rage incident, or workplace argument escalates to the point where the other person calls the police and says they felt threatened
• A domestic argument where one partner tells police they were scared, even if nothing physical happened

Terroristic threats involve a more specific kind of behavior. Here are some examples of behavior that end up getting people charged with this crime: 

• Making a threat that forces the evacuation of a building, school, vehicle, etc. 
• Any other kind of act that causes major public disruption
• Even a prank where someone calls a school, public services company, or any other place and makes a threat that causes panic and evacuation 

In all of these situations, whether you are charged often comes down to whether the fear of other people involved was reasonable given what happened. You personally do not have to think you did anything threatening. What matters legally is how a reasonable person in the other person's shoes would have felt.

What Are the Penalties for Charges of Disorderly Conduct and Terroristic Threats in Wisconsin?

Disorderly conduct in Wisconsin is a Class B misdemeanor. That means up to 90 days in jail and fines up to $1,000. This probably doesn’t sound catastrophic, but a misdemeanor conviction on your permanent record can affect your job, your housing applications, your professional licenses, and more. Some employers and landlords do background checks and treat any criminal record as a dealbreaker.

If the charge is bumped up to something more serious like making terroristic threats, the exact charge will depend on the circumstances but you can guarantee that the consequences get significantly worse. At its lightest, making a terrorist threat is a Class I felony. At a minimum, this allows up to three and a half years in prison, up to $10,000 in fines, and probation.

Even if the case against you seems weak, having an experienced criminal defense attorney in your corner from the very beginning can make a real difference in how things turn out. Charges that look straightforward on paper can be built on shaky ground, and an attorney who knows the Waukesha County court system is in the best position to find those weaknesses and use them to help you.

Call a Waukesha County Violent Crimes Defense Attorney Today

A threat charge or disorderly conduct charge is not a conviction. You have rights, and you have options. The worst thing you can do right now is assume the case will work itself out or try to handle it on your own.

At Bucher, Wolff & Sonderhouse, LLP, our attorneys have more than 50 years of combined experience defending clients from serious criminal charges. We know the local courts, we know the judges, and we know how to build a defense that gives you the best possible chance at a good outcome.

If you have been charged with a violent crime of any kind, don’t wait. Call Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 to schedule a free consultation with a Menomonee Falls criminal defense lawyer today.