If you’ve been charged with battery in Rock County, you probably have a lot of questions.
Under Wisconsin law, you may face a battery charge if you cause bodily harm to someone, with the requisite intent to do so. There are a few different battery charges in our State, from a misdemeanor “simple” battery to more serious charges that can result in steep fines and prison time.
What is the difference between assault and battery?
To charge you with battery, the prosecution must prove four things:
- You caused bodily harm to someone.
- You intended to cause bodily harm.
- You caused this harm without the consent of the other person.
- You knew that the victim did not consent.
On the other hand, an assault crime involves acting with an intent to put someone in fear of an imminent bodily harm. It does not involve actual bodily contact.
What are common examples of battery?
There are numerous actions that can constitute a battery - so long as they meet the elements above. While many people think of battery crimes involving hitting, punching, or shoving, there are other acts that can be equally, if not more, harmful and which can be charged as batteries:
- Playing a practical joke on someone where the “punchline” involves some offensive or inappropriate contact;
- A doctor performing surgery on the wrong part of a patient’s body;
- Poisoning someone’s food or beverage; and
- Unwanted sexual advances that involve close physical contact.
What are the charges for battery in Rock County?
There are several different battery charges in our State. A “simple battery” is charged as a Class A misdemeanor, which is punishable by up to nine months in jail and up to a $10,000 fine. These charges are deemed violent crimes and can also be charged as domestic violence crimes.
More severe charges can be involved if you caused substantial bodily harm. In these cases, you will be charged with a felony. This may also apply if the victim was over 62 or has a physical disability.
What Should UW-Whitewater students know about battery charges?
In college, it’s not uncommon for a minor scuffle at a bar to escalate into something bigger. However, just because you made a mistake doesn’t mean you should face penalties that can alter the course of your entire life and career. Don’t try to handle your case alone, and don’t just rely on appointed counsel. Call me.
If you are charged with battery for something that happened on campus, you should know that our State takes battery crimes very seriously. You will face an aggressive prosecution and an uphill battle, and the stain of even a misdemeanor conviction can follow you for the rest of your life.
Should I hire a criminal defense attorney to help with my battery charges?
If you are facing a battery charge and you believe you have a legitimate defense, it is vital to seek hired counsel to help you build your case. Particularly if you are a college student, you need the help of an experienced criminal defense attorney who has handled cases like yours. These defenses require deep knowledge of the law and experience facing aggressive prosecution strategies.
If you have been charged with battery in Rock County, call my office to schedule a free consultation.