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In Brookfield, Wisconsin, penalties for battery depend upon the severity of the case. A simple battery could mean 9 months in jail and a fine up to $10,000; substantial battery could mean up to $10,000 and 3.5 years in prison; and aggravated battery could be up to 15 years in prison and a $50,000 fine.
Misdemeanor, Substantial & Felony Battery Brookfield-Waukesha office just off Bluemound
A Battery charge in Waukesha is a class A misdemeanor. It carries a potential maximum penalty of up to nine months in jail, up to a $10,000 fine, or both. If you are convicted of battery you will also be required to pay court costs, and provide a DNA sample and pay a surcharge for the sample.
Battery in Waukesha or Brookfield
In order to prove a battery charge in Waukesha or Brookfield, the State must show that the defendant intentionally caused bodily harm to another person without their consent. Bodily harm is defined in Wisconsin Statutes as any physical pain or injury, illness or any impairment of physical condition. If the person that you are accused of committing battery against shares a domestic relationship with you, you can also be charged with battery with a domestic abuse modifier in Wisconsin. The domestic abuse modifier or enhancer can increase the penalties you face upon conviction for battery, and can in some circumstances increase a misdemeanor battery to a felony offense.
In addition to potential jail time and financial penalties, you could face probation if you are convicted of misdemeanor battery. During a period of probation, there are many strict rules you must follow that could include not having contact with one or more people involved in your case. This could also result in you being ordered not to stay in your own home in Waukesha or Brookfield.
Battery can also be charged as substantial battery or aggravated battery. Substantial battery includes intentionally causing substantial bodily harm to another. Substantial battery is a Class I felony that carries a potential maximum of three and a half years in prison and up to a $10,000 fine in Waukesha and Brookfield. Substantial bodily harm is defined as injuries that require stitches or staples, bone fracture, broken nose, broken or lost tooth, or concussion or temporary loss of consciousness, hearing, or sight.
Aggravated battery can be charged when the injuries involved qualify as great bodily harm. Great bodily harm is any harm that poses a substantial risk of death, serious and permanent disfigurement, or loss of use or impairment of an organ or appendage. Aggravated battery is a Class H felony if the great bodily harm was done with intent to cause bodily harm, and is a Class E felony if the intent was to cause great bodily harm. A Class H felony carries a maximum of six years in prison and a $10,000 fine. A Class E felony carries a maximum of 15 years in prison and a $50,000 fine or both.
How long does a battery charge stay on my record?
Any Waukesha or Brookfield battery criminal conviction will remain on your record permanently. Under certain circumstances, a court can order that a person can have the charge expunged from their record upon successful completion of their sentence. However, expunction does not remove the conviction from your record. It merely removes the conviction from public view. Your criminal record will still contain the arrest and the conviction, and many agencies will be able to see that you were convicted of the offense.
If a court does not grant expunction, or if your charge is not eligible for expunction, the record of your conviction for battery will remain visible to the public on CCAP, Wisconsin’s Circuit Court Access Program. This means that anyone who types your name into the search portion of CCAP will be able to see that you were convicted of battery in Waukesha or Brookfield.
How to beat a battery charge
There are many possible defenses to a battery charge in Brookfield and Waukesha. The State must be able to show that you caused bodily harm to another with intent to cause that harm, and without that person's consent. If they cannot prove any one of those elements, you cannot be convicted of the offense of battery. Our skilled and knowledgeable Waukesha attorneys will be able to review the evidence in your case, interview any witnesses, and present evidence on your behalf that can potentially result in evidence being ruled inadmissible, or in the State being unable to prove their case.
Additionally, under certain circumstances, a person charged with battery can assert the affirmative defense of self-defense. A defendant who is charged with battery can claim self-defense if they threatened or intentionally used force against another person because they reasonably believed there was an actual or imminent unlawful interference with the defendant’s person, and the defendant believed the amount of force or threat of force was necessary to prevent or terminate the interference. If all three of those conditions are met, a person charged with battery may be able to successfully claim self-defense.
Our Brookfield attorneys will evaluate your case and present you with all of your available defense options to get your battery charge reduced or dismissed entirely. Tom Grieve is an award-winning Brookfield criminal defense lawyer who has served as a prosecutor and defender for the State of Wisconsin. Tom is well known and respected for his ability to get charges reduced or dropped entirely, including domestic violence, battery, drug possession and 1st offense drunk driving charges.
