Battery Lawyer & Assault Attorney

As an experienced Madison battery lawyer, I have represented numerous clients facing battery charges in Wisconsin.

If you or someone you know is facing a battery charge, it is crucial to understand the legal process and to seek professional legal representation. As a Madison criminal defense attorney with over two decades of legal experience, I understand the serious impact these charges can have on your life. At Avena Law Office, we are dedicated to fighting for dismissal, reduced charges, minimized penalties, and not guilty verdicts. Our goal is to protect your rights and secure the best possible outcome for your case.

If you or someone you know is facing battery charges, do not hesitate to contact me. Remember, having the best battery defense attorney on your side can make all the difference in your case.

Call my office at 608-271-2271 to schedule a FREE CONSULTATION to learn how we can work together to build a strong defense tailored to your unique circumstances. I offer fixed fee representation, and also accept credit card payments.

Don’t face batter charges alone – let us help you and fight for your future!

Providing Legal Representation Throughout the Greater Madison Area

Battery charges vary in severity, ranging from misdemeanor to felony offenses. In this article, I outline the different types of battery charges in Wisconsin, their potential consequences, and possible defenses.

What Are the Penalties for a Battery Charge in Wisconsin?

In Wisconsin, battery is defined as intentionally causing bodily harm to another person without their consent. This crime can be charged as a Class A misdemeanor, carrying up to nine months in jail, a $10,000 fine, or both, depending on the severity of the injuries. In more serious cases, battery can be charged as a felony, with up to 15 years in prison and a $50,000 fine or both.

Substantial battery, a Class I felony, occurs when a person intentionally causes substantial bodily harm to another without their consent. This type of battery can result in up to three and a half years in prison, a $10,000 fine, or both. Substantial bodily harm includes injuries such as lacerations requiring stitches, bone fractures, broken noses, burns, temporary loss of consciousness, concussions, or loss or fracture of a tooth.

Aggravated battery charges require the State to prove that the defendant caused great bodily harm to another person, either with the intent to cause bodily harm or with the intent to cause great bodily harm. If the intent was to cause bodily harm, it is a Class H felony that carries a maximum of 6 years in prison, a fine of up to $10,000, or both. If the intent is to cause great bodily harm, aggravated battery is a Class E felony that carries a maximum of 15 years in prison and a fine of $50,000 or both. Great bodily harm refers to injuries that create a substantial risk of death or result in serious permanent disfigurement or permanent or protracted loss of function of a bodily member or organ.[1]

Battery charges often include a domestic abuse modifier or enhancer, which can be added to any criminal charge where the victim and the defendant share a domestic relationship. Domestic relationships can exist between spouses, former spouses, roommates, former roommates, or people who share a child in common. The domestic abuse modifier can add additional potential penalties to the crime of battery and can increase a misdemeanor charge to a felony in certain circumstances.[2]

Will A Battery Conviction Stay on My Permanent Record?

In Wisconsin, a battery conviction will remain on your record permanently. Some battery offenses may be eligible for expunction if the case meets the expungement criteria. However, an expunction does not remove the conviction from your record entirely, as it only removes the conviction from public view. The conviction will still appear on your criminal record and may need to be reported on employment applications or other professional licensing applications. Further, some battery offenses are not eligible for expunction at all.

What Are Possible Defenses to Battery?

To convict on a battery charge, the State must show that you intentionally caused harm to the victim. Accidental harm does not constitute a violation of the law. For example, if you were roughhousing with your roommate and accidentally gave them a black eye, this does not constitute the crime of battery.

Self-defense is another affirmative defense to the charge of battery. A defendant can claim self-defense if they reasonably believe that there was an actual or imminent unlawful interference with their person and that the amount of force used or threatened was necessary to prevent or terminate the interference. A claim of self-defense requires not only that the threat to the defendant be imminent but also that the belief in that threat is reasonable.

As an experienced Madison battery lawyer, I can evaluate your case to determine if you have any defenses to your battery charge.

Schedule a Consultation with Experienced Battery Defense Attorney Glenn Avena.

Facing a battery charge can be a stressful and life-altering experience. The consequences of a conviction can have a lasting impact on your life, including your career, reputation, and personal relationships. As such, it is crucial to have an experienced lawyer on your side.

At Avena Law Office, I have represented clients in numerous battery cases, and I understand the complexities of the legal system in Wisconsin. I am committed to providing clients with the best possible defense and working diligently to achieve a favorable outcome for their case.

Don’t leave your future to chance—call Avena Law Office today at 608-271-2271 to schedule a free consultation and learn how I can help you navigate the legal process.

[1] Wis. Stat. Ann. Section 940.19.

[2] Wis. Stat. Ann. Section 939.621