Wisconsin laws protect a parent's right to discipline their children, even to spank them. The crime of physical abuse to a child exceeds what would reasonably be expected as a means of discipline. The key term in that statement is "reasonably" and the key issue is what constitute "reasonableness" before the line of abuse is crossed. Whether the allegations allege scalding water or a fall down the stairs, there are always those people who will assume evil intentions. The result of those assumptions is often a criminal charge.
State of Wisconsin -vs- Defendant Charged With Child Abuse
A criminal abuse charge is not a conviction; it is a mere allegation that must be proven by the Wisconsin state prosecutor. The prosecuting attorney must prove the 3 elements of the crime of physical abuse of a child. Those elements are listed below, and then explained.
That the defendant caused a great bodily harm to the victim.
That the defendant recklessly or intentionally caused such harm.
That the victim had not attained the age of 18 years at the time of the alleged offense.
Great Bodily Harm
Great bodily harm is harm that substantially creates the risk of a death, permanent or prolonged loss or dysfunctional use of a limb or organ, permanent serious disfigurement, or some other very serious bodily injury.
Intentional Harm
The charge can be intentionally causing harm or recklessly causing harm. "Intentional" harm has 3 levels of severity: great bodily harm, bodily harm, or conduct creating substantial risk of great bodily harm.
Reckless Harm
If the charge is "reckless," the same 3 levels apply, but the penalties are somewhat lower. "Recklessness" requires that the defendant's conduct created a situation of "unreasonable risk of harm" to the victim, and that the defendant demonstrated a "conscious disregard" for the safety of the victim.
Common defenses
A common defense for this type of charge is that parents (who are often the accused of this crime) have a privilege to "reasonably" discipline their children. Again, the issue, of course, is what constitutes "reasonableness?"
Another common defense is "accident or mistake."
wisconsin Penalties for child abuse
Intentional Physical Abuse of a child
Great bodily harm: 10 years prison (Maximum)
Bodily harm: 3 years prison (Maximum)
Bodily harm by conduct which creates a high probability of great bodily harm: 7 years (Maximum)
Reckless physical abuse of a child
Great bodily harm: 5 years prison (Maximum)
Bodily harm: 18 months prison (Maximum)
Bodily harm by conduct which creates a high probability of great bodily harm: 3 years (Maximum)
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
