Is the crime of battery a misdemeanor or felony?
Madison Criminal Attorney provides insights on battery charges
When most people talk about “assault,” the crime they are really thinking about is battery. Assault refers to a threat that causes someone fear of harm. Battery, under Wisconsin law, is how we define an act that causes harm. But the seriousness of the charge, and the penalties you face, depend on how much harm you cause, and how much you mean to cause. The greater the harm, the worse the consequences you face.
The baseline charge for battery is a Class A misdemeanor. This comes anytime you both intend to cause bodily harm and in fact do cause bodily harm to another person. This can be as simple as hitting someone. If you are arrested and convicted of battery as a misdemeanor, you face up to nine months of jail time and a fine of up to $10,000.
As the amount of harm you cause increases, so do the penalties you face. If you cause substantial bodily harm, the charge becomes a Class I felony. This involves a more serious injury. If convicted, you face a fine up to $10,000 and prison time up to three years and six months.
Great bodily harm is a permanent injury or one that puts the victim at risk of dying. If you cause great bodily harm to another person with the intent to harm, this becomes a Class H felony. A conviction will bring a fine up to $10,000 and prison time for up to six years.
Defense Against Assault Charges
When you are arrested for battery, you may have defenses to present. If you did not intend to cause harm, you are not guilty of battery. You can also claim self defense. You have a right to defend yourself or others.
If you have been arrested for battery in Wisconsin, you need a strong Madison WI criminal defense attorney. Count on Eisenberg Law Offices to give you the legal defense you deserve.