Substantial Battery Lawyer: Understanding Substantial Battery in Wisconsin

As an experienced Madison substantial battery attorney with over two decades of legal experience, I have represented countless clients charged with battery in Wisconsin.

Below are answers to a number of frequently-asked questions about substantial battery charges in Wisconsin, including its legal definition, penalties, differences between simple and substantial battery, possible defenses, and the benefits of hiring an experienced substantial battery attorney.

In the interim, if you have been charged with substantial battery in Wisconsin, I invite you to call me for a completely free, no-obligation consultation so that we can discuss your case. As a substantial batter lawyer, my mission is to seek dismissal, reduced charges, and not guilty verdicts, and the best possible outcome for every client given the circumstances of their case. I represent clients on a fixed-fee basis, and accept credit card payments.  In the interim, you should not discuss your case with anyone who is not a lawyer, as this may jeopardize a favorable case outcome.

What Is Substantial Battery?

Battery, as defined by Wisconsin law, is the intentional act of causing bodily harm to another person without their consent. This can include anything from punching, slapping, or kicking someone to more severe acts of violence. The severity of the battery charge depends on the extent of the harm caused and the circumstances surrounding the incident. Simple battery is a misdemeanor offense, occurring when a person intentionally causes bodily harm to another person without their consent. Bodily harm, in this context, refers to physical pain, injury, or illness. Penalties for simple battery include up to nine months in jail, a fine of up to $10,000, or both.

In Wisconsin, substantial battery is considered a more serious offense than simple battery.[1] Substantial battery,  Substantial battery involves causing “substantial bodily harm” to another person, which refers to injuries that cause lacerations requiring stitches, broken bones, or other serious injuries that cause temporary or permanent disfigurement, impairment, or loss of a bodily function.

What Are the Penalties For a Substantial Battery Offense in Wisconsin?

Being charged with substantial battery in Wisconsin can result in serious consequences. If convicted, the penalties for substantial battery can be quite severe. Substantial battery is a Class I felony, which carries a maximum penalty of up to 3.5 years in prison, up to $10,000 in fines, or both. Additionally, a conviction can lead to a lifelong criminal record, which may negatively impact your personal and professional life.

What Are Possible Defenses to Substantial Battery in Wisconsin?

There are several possible defenses that can be employed to fight a substantial battery charge in Wisconsin. Some of these defenses include:

  • Self-defense. If you can prove that you were acting in self-defense, you may be able to have the charges against you dismissed or reduced. To successfully claim self-defense, you must show that you reasonably believed you were in imminent danger of bodily harm and that you used a reasonable amount of force to protect yourself.
  • Defense of others. Similarly, if you were protecting someone else from imminent harm, this could be a valid defense against a substantial battery charge.
  • Consent. In some cases, if you can prove that the alleged victim consented to the physical contact, this may serve as a defense against battery charges.
  • Mistaken identity. If you can show that you were not the person who committed the crime or that the alleged victim has mistakenly identified you, this can be a powerful defense.

What Are The Potential Benefits Of Retaining An Experienced Substantial Battery Defense Lawyer?

Facing a substantial battery charge can be a daunting and stressful experience. Hiring an experienced substantial battery defense lawyer can make a significant difference in the outcome of your case. Here are some of the benefits of retaining my services:

  • Knowledge and experience. With over two decades of legal experience, I have extensive knowledge of Wisconsin’s battery laws and the criminal justice system. I know what it takes to build a strong defense strategy, negotiate with prosecutors, and achieve the best possible outcome for my clients.
  • Personalized representation. I understand that each client’s situation is unique, and I take the time to thoroughly understand the details of your case. This allows me to craft a defense strategy tailored to your specific circumstances, ensuring the best possible outcome.
  • Bilingual services. As a fluent Spanish speaker, I can communicate effectively with clients who prefer to speak Spanish, ensuring that language barriers do not impede access to high-quality legal representation.
  • Affordable rates and convenient payment options. I believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why I offer affordable rates and accept credit card payments, making it easier for you to secure the legal representation you need.

Schedule A Consultation With Experienced Substantial Battery Attorney Glenn Avena.

If you or a loved one is facing a substantial battery charge in Wisconsin, it’s important to take action as soon as possible towards the defense of criminal charges.  Call Avena Law Office at 608-271-2271 to schedule a consultation. As an experienced substantial battery attorney, I will work tirelessly to defend your rights and fight for the best possible outcome in your case.


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