Battery (In General)

The crime of battery occurs whenever a person

1. uses force against another, 

2. without permission, and

3. with the intent to cause bodily harm.

Sentencing for a battery conviction depends on the criminal battery charge sought by the prosecuting attorney, which is directly related to the "Degree of Harm Intended," and the "Degree of Harm Resulted."

The greater the degree of intended or resulting harm, the more serious the charge, and the more serious the penalties. A simple battery is a misdemeanor, however, a substantial battery or an aggravated battery, intended to cause substantial bodily harm or death, is a felony. It is important to remember that the "force" used can be any contact at all that causes "pain," no matter how minimal.

Battery

The crime of battery in Wisconsin is a Class A Misdemeanor which exposes you to up to 9 months in jail and a $10,000 fine.

Substantial Battery

The crime of substantial battery is committed by one who

1. causes "substantial bodily harm"

2. in an act done with intent to cause bodily harm.

If a person is convicted of a Class I felony, the penalty is 1 ½ years prison. If the act causes "great bodily harm" with intent to cause bodily harm it is a Class H felony with a penalty of 3 years in prison.

Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E Felony, which exposes you to up to 3 years in prison.

Aggravated Battery

The crime of aggravated battery is committed by one who

1. "causes great bodily harm" to another

2. with "intent to cause great bodily harm" to that person

In Wisconsin this is a Class E Felony which exposes you to up to 10 years in prison.

The various forms of battery can be confusing since they involve a sliding scale of harm. For example if you cause on slight harm, that is "battery." If you cause great harm but only intended to cause some harm, that is "substantial." However, if you cause great harm and intended to cause great harm, that is "aggravated." There are also a number of separate battery statutes that are specific to certain circumstances such as battery to another prisoner, a police officer, a fire fighter, a probation official, a juror, a teacher, a witness, a judge, or a government official. These are all felonies.

Recklessly Endangering Safety

The crime of recklessly endangering safety is committed by one who

1. endangers another's safety, or

2. endangers another's safety under circumstances which show utter disregard for human life.

> Wisconsin Penalties for Recklessly Endangering Safety:

• 7 ½ years prison

Sexual Assault (1st, 2nd and 3rd Degree)

The State must prove 3 elements:

1. You had "sexual contact/intercourse" with the victim

2. The victim did not consent to the sexual contact/intercourse

3. You caused "great bodily harm" to the victim

In proving that the victim did not "consent," the State must show that the victim did not freely agree to have sexual contact with you. This does not require that the victim offered physical resistance. The person only needs to say "no" or claim that they said "no." In defending these cases, the actions of both parties come into play. For example, a woman claiming rape who was drinking heavily, and acting very sexually toward you, and then voluntarily went with you, will not be easily believed on the matter of consent. The jury could conclude that under the circumstances she did indeed consent. The degree of harm is also a variable in sexual assault cases. What one juror finds to be a "great bodily harm" may be viewed by another as just "bodily harm" or even no harm.

In Second Degree Sexual Assault, the State must prove 3 elements:

1. You had "sexual contact/intercourse" with the victim

2. The victim did not consent to the sexual contact/intercourse

3. You had sexual contact/intercourse with the victim by "use or threat of force or violence"

To prove Third Degree Sexual Assault, the State must prove the same first two elements as Second Degree, but the "force" or "harm" element is eliminated. Third Degree Sexual Assault may be charged if there is alleged contact or intercourse without expressed consent if a person is passed out because of alcohol or drugs or is asleep. One way to defend against this charge is to require that the State and the victim proved beyond reasonable doubt that the contact/intercourse occurred.

> Wisconsin penalties for Sexual Assault:

• First degree sexual assault: 40 years (Maximum)

• Second degree sexual assault: 25 years (Maximum)

• Third degree sexual assault: 5 years (Maximum)

Disorderly Conduct

Perhaps one of the easiest charges for a district attorney to prove, a disorderly charge may seem to be a simple arrest and fines, but then result in a conviction with a sentence that includes jail time and probation. If the people involved in the incident that resulted in an arrest for disorderly conduct had a domestic relationship, a conviction will mean additional penalties.

The crime of disorderly conduct is committed by one who,

1. in a public or private place,

2. engages in conduct that is "violent, abusive, indecent, or otherwise disorderly,"

3. under circumstances that "tend to cause or provoke a disturbance."

> Wisconsin penalties for Disorderly Conduct:

• Disorderly conduct is a Class B misdemeanor offense. The penalties for a Class B misdemeanor can include a fine of up to $1,000, jail time for up to 90 days, or both.

• If the conviction is for a second or subsequent disorderly conduct offense, jail times can be increased for up to 2 years.

Physical Abuse of a Child

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 constitutes "reasonableness" before the line of abuse is crossed. Whether the allegations cite 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.

The State must prove 3 elements:

1. that the defendant caused a great bodily harm to the victim,

2. that the defendant recklessly or intentionally caused such harm, and

3. that the victim had not attained the age of 18 years at the time of the alleged offense.

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: can be charged as "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 three levels apply as intentional harm, 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.

A common defense for this type of charge is that parents, who are often the accused of this crime, have the right to "reasonably" discipline their children. The core issue usually comes down to determining what constitutes "reasonableness." Another common defense is that the abuse was an accident or mistake.

> Wisconsin penalties for Physical Abuse of a Child

• 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)

Criminal Kidnapping

Kidnapping, as defined in s940.31(1)(c) of the Criminal Code of Wisconsin, is committed by one who by deceit induces antoher person to go from one place to another with intent to cause (him)(her) to be secretly confined or imprisoned or to be carried out of this state or to be held against (his)(her) will.

The State must prove the following three elements:

1. The defendant induced (name of victim) to go from one place to another.

2. The defendant induced (name of victim) to go from one place to another by deceit.

3. The defendant induced (name of victim) to go from one place to another with intent that (name of victim) be (secretly confined) (secretly imprisoned) (transported out of this state) (held to service against (his) (her) will.)

Criminal Damage to Property

The crime of criminal damage to property is committed by one who

1. intentionally causes damage to the property of another,

2. without the consent of that person.

This crime is often charged along with other offenses such as battery, domestic abuse or robbery.

> Wisconsin Penalties for Criminal Damage to Property

• Up to 9 months in jail and a $10,000 fine.

Violation of a Restraining/No Contact Order

Restraining and no contact orders are regularly issued in domestic violence cases. Essentially, the goal of these orders is to prevent any contact between the two conflicting parties. If you are subject to one of these orders, you should take it extremely seriously. This includes contact that is by phone, mail, email, text, phone, or through a 3rd party.

Any violation of the order, even if the other person wants you to come over and visit, will be taken seriously and will expose you to further prosecution of charges such as violating the order or bail jumping. Remember that it is your life on the line, not the life of the other person. If the other person wants to visit, you say no. If you see them on the street, cross the street and avoid them. Do not answer their calls or respond to any emails or texts. The other person is more than capable of going to court to get the order lifted if that is what he or she wants.

Witnesses in Domestic Violence Cases

In Domestic Violence cases, the state must produce the alleged victim of the crime to testify in order to proceed to trial. Without this testimony, the state will be unable to prove its case and your Constitutional right to confrontation will be violated, generally resulting in the dismissal of the case. However, you should be aware that some jurisdictions have forced "complaining witnesses," i.e. "victims," to testify by subpoenaing them and threatening them with charges of "obstructing" or simply presenting their original statements against them and treating them as "hostile" witnesses in order to gain a conviction.

Future Possession of Firearms

If you are convicted of a crime that was originally charged as "domestic violence," you may be prohibited from ever possessing a firearm legally.