Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.
When Can Battery Be Charged as a Felony?
The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.
Felony charges may apply in cases where battery resulted in substantial bodily harm. Wisconsin law defines substantial bodily harm as a bodily injury that resulted in lacerations that required stitches or staples, a fractured bone (including a broken nose), a loss of consciousness, a burn, or a lost or broken tooth. Substantial battery is a Class I felony, and a conviction may be punished by three years and six months in jail and a maximum $10,000 fine.
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