Best Assault & Battery Lawyers in Wisconsin

About Assault & Battery Law in Wisconsin, United States

Assault and battery are two distinct but related criminal offenses in Wisconsin. "Assault" generally refers to the threat or attempt to cause harm to another person, while "battery" involves the actual physical contact that inflicts bodily harm. Both acts are taken seriously by Wisconsin law enforcement and the courts, and convictions can result in heavy fines, jail time, and a permanent criminal record. These offenses can have a lasting impact on a person's reputation, employment, and personal relationships.

Why You May Need a Lawyer

There are many situations where you may need legal assistance related to assault and battery charges. If you have been accused of or charged with assault or battery, it is essential to understand your rights and how the legal process works. Victims may also need help navigating restraining orders, civil lawsuits, or ensuring their safety. In some cases, misunderstandings or self-defense may play a role, and a lawyer can help clarify facts, negotiate with prosecutors, and advocate for reduced or dismissed charges. Whether you are facing criminal or civil issues related to assault or battery, legal advice is crucial for protecting your interests.

Local Laws Overview

Wisconsin law defines battery under Wisconsin Statutes Section 940.19. Battery occurs when a person intentionally causes bodily harm to another without consent. Penalties are more severe if serious injury, use of a dangerous weapon, or specific victims (such as law enforcement officers) are involved. Wisconsin does not have a specific "assault" statute in the same way some other states do, but threats or attempts to cause harm can be prosecuted as related crimes, such as disorderly conduct, threats, or attempted battery.

Self-defense is recognized in Wisconsin, but the force used must be reasonable and proportional to the threat faced. In addition to criminal penalties, those involved in assault or battery incidents may also face restraining orders or civil lawsuits for damages. Understanding the distinction between misdemeanor and felony charges is important, as felony charges carry significantly higher penalties.

Frequently Asked Questions

What is the difference between assault and battery in Wisconsin?

In Wisconsin, battery involves actual physical harm caused to another person, while many conduct-related offenses that would be labeled "assault" elsewhere are charged as disorderly conduct, threats to safety, or attempted battery. Unlike some states, Wisconsin law does not use the term "assault" as a specific criminal charge.

What are the penalties for battery?

Penalties depend on the severity. Simple battery (causing bodily harm) is typically a Class A misdemeanor, punishable by up to 9 months in jail and a fine of up to 10,000 dollars. Aggravated or substantial battery, especially if serious injury or a weapon is involved, can be charged as a felony with much higher penalties.

Can I be charged if I acted in self-defense?

Wisconsin recognizes self-defense, but you must have reasonably believed that force was necessary to prevent harm. The force used must also be proportional. If self-defense is used as a legal defense, it is up to the court or jury to decide if it applies based on the circumstances.

What should I do if I am accused of battery?

Do not try to resolve matters on your own or talk to law enforcement without a lawyer present. Contact a criminal defense attorney as soon as possible to ensure your rights are protected and to begin preparing your defense.

Is it possible to have charges reduced or dismissed?

Yes. Depending on the facts of the case, negotiations with prosecutors or a strong legal defense may result in reduced charges, participation in diversion programs, or dismissal of charges entirely.

What if the alleged victim does not want to press charges?

Even if the alleged victim does not want to pursue charges, prosecutors may still proceed with the case if they believe there is enough evidence to convict. The decision to prosecute belongs to the state, not the victim.

Can I face a civil lawsuit as well as criminal charges?

Yes. A person injured in an assault or battery can sue for medical costs, pain and suffering, and other damages, regardless of whether criminal charges are filed or successful.

What if the incident happened during a bar fight or mutual combat?

Even if both parties participated willingly, charges may still be filed if bodily harm occurred. The law does not recognize "mutual combat" as a defense, though the circumstances may influence how charges are filed and penalties applied.

Are there special considerations for assaults involving family or household members?

Yes. Domestic violence statutes may apply, leading to mandatory arrests, restraining orders, and additional penalties. These cases often involve additional social service interventions and court-mandated counseling.

How long does a battery charge stay on my record?

Criminal convictions, including those for battery, remain on your record permanently unless expunged. Expungement eligibility is limited and typically applies only to certain misdemeanors committed by people under 25.

Additional Resources

- Wisconsin State Public Defender: Assists those unable to afford private attorneys in criminal matters. - Wisconsin Department of Justice: Provides information on victim rights and safety resources. - Wisconsin Circuit Court Access: Allows you to look up public court records for pending or past cases. - Local domestic violence shelters and victim assistance programs: Provide support and legal referrals. - State and local bar associations: Offer lawyer referral services and legal aid resources.

Next Steps

If you are facing an assault or battery charge, or if you are a victim seeking legal protection, it is vital to act quickly. Gather any documentation, medical records, photographs, or witness statements related to the incident. Avoid discussing details on social media or with anyone other than your lawyer. Contact a qualified criminal defense or victim's rights attorney who can advise you on your specific situation. Many lawyers offer free consultations or payment plans. If you cannot afford legal representation, apply for assistance from the Wisconsin State Public Defender or a local legal aid organization. Immediate steps to secure your safety, such as seeking a restraining order, should also be considered if appropriate. Taking informed action early can significantly impact the outcome of your case.