Assault & Battery Criminal Defense Attorney in Wisconsin

Milwaukee Assault and Battery Lawyer - Milwaukee Criminal Defense Attorney

Indeed, in Wisconsin, assault and battery are crimes that subject you to significant consequences. For example, it can be a crime intentionally cause bodily harm to another person. Therefore, if you face a criminal charge in Milwaukee, or elsewhere in Wisconsin for a battery offense, you need firm representation. But, don’t worry, we can help! Specifically, a criminal attorney in Milwaukee, Wisconsin at Gamino Law Offices, LLC has experience defending assault charges in Milwaukee and around Wisconsin.

Milwaukee Criminal Defense Lawyer Protecting Your Future, Your Reputation & Your Freedom

To this end, it is our mission to be the best Wisconsin criminal defense lawyers in Milwaukee, and Wisconsin. Specifically, we guard you, your rights, your reputation, your job, your future, and your freedom! With this in mind, if you have been arrested or charged with a battery crime in Milwaukee, WI, or anywhere in Southeastern Wisconsin, call a criminal defense lawyer right away. Furthermore, any time you are under investigation for an assault in Wisconsin, you should speak with an attorney immediately. To be sure, early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of an assault and battery criminal case in Wisconsin.

Of course, not every criminal defense attorney in Wisconsin have the trial skills and ability to present a compelling case in court or negotiate a favorable plea agreement. In contrast, at Gamino Law Offices, LLC our team has those abilities. For example, our accomplished criminal trial and appellate defense attorneys have an impressive record of winning litigation skills, from pretrial motions to court or jury trials, and appeals. In summary, with more than 30 years of combined experience, we have the legal talent and aggressive ability necessary to get the results you need. Call a criminal attorney in Wisconsin for a free initial consultation today.

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Wisconsin Assault & Battery Charges

Wisconsin law defines battery offenses in Wisconsin, quoted in part below, as follows:

Whoever causes bodily harm, substantial bodily harm, or great bodily harm to another by an act done with intent to cause bodily harm or great bodily harm, or by conduct that creates a substantial risk of great bodily harm, to that person or another without the consent of the person so harmed.

Wisconsin Statutes 940.19

In the above definition, some of the terms used also have definitions:

1) Bodily harm means​ physical pain or injury, illness, or any impairment of a physical condition. Wisconsin Statutes § 939.22(4).

2) Substantial bodily harm means bodily injury that causes a laceration that requires stitches, staples, or tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia (minute colored spot that appears on the skin, eye, eyelid, or mucous membrane of a person as a result of a localized hemorrhage or rupture to a blood vessel or capillary); a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.  Wisconsin Statutes § 939.22(38).

3) Great bodily harm means bodily injury which creates a substantial risk of death, or which causes serious bodily disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. Wisconsin Statutes § 939.22(14).

The jury instructions provide that in Wisconsin, someone charged with battery may be convicted if the state proves the following elements:
Simple Battery:  
  1. ​The defendant caused bodily harm to a person.
  2. The defendant intended to cause bodily harm to the person.
  3. The defendant caused bodily harm without the consent of the person.

See Wisconsin JI-Criminal 1220​

Substantial Battery:
  1. The defendant caused substantial bodily harm to a person.
  2. The defendant intended to cause bodily harm to the person.

See Wisconsin JI-Criminal 1222

Aggravated Battery:
  1. The defendant caused great bodily harm to a person.
  2. The defendant intended to cause great bodily harm to the person

See Wisconsin JI-Criminal 1224

Battery with Substantial Risk of Great Bodily Harm:
  1. The defendant caused bodily harm to a person.
  2. The defendant intended to cause bodily harm to the person.
  3. The defendant’s conduct created a substantial risk of great bodily harm.
  4. The defendant knew that his or her conduct created a substantial risk of great bodily harm.

See Wisconsin JI-Criminal 1226​

Possible sentencing consequences when charged with Assault and Battery in Milwaukee, Waukesha or elsewhere in Wisconsin, if convicted of:  
  1. Simple Battery in Wisconsin by causing bodily harm to another, is a Class A Misdemeanor. Specifically, this means it allows for possible penalties of up to 9 months imprisonment and a maximum fine of $10,000.
  2. Substantial Battery in Wisconsin, is a Class I felony. Specifically, this means it allows for possible penalties of up to 3 1/2 years imprisonment. More specifically, that penalty includes a maximum of 1 1/2 years of initial confinement in prison, a maximum of 2 years of extended supervision, and a maximum fine of $10,000.
  3. Aggravated Battery in Wisconsin, is a Class H felony. Specifically, this means it allows for possible penalties of up to 6 years imprisonment. More specifically, that penalty includes a maximum of 3 years of initial confinement, 3 years of extended supervision, and a maximum fine of $10,000.
  4. Aggravated Battery with Intent to Cause Great Bodily Harm in Wisconsin, is a Class E felony. Specifically, this means it allows for possible penalties of up to 15 years imprisonment,. More specifically, that penalty includes a maximum of 10 years of initial confinement, 5 years of extended supervision, and up to a maximum fine of $10,000.
Also, note the following consequences of varying assault charges. Battery with any of the following conditions is penalized as indicated:
  1. with substantial risk of great bodily harm in Wisconsin is a Class H Felony.
  2. by:
    1. prisoner in Wisconsin is a Class H Felony.
    2. a person subject to an injunction in Wisconsin is a Class I Felony.
  3. to:
    1. law enforcement officer or firefighter in Wisconsin is a Class H Felony.
    2. probation, extended supervision, or parole agent in Wisconsin is a Class H Felony.
    3. public officer in Wisconsin is a Class I Felony.
    4. technical college or school district officer or employee in Wisconsin is a Class I Felony.
    5. public transit vehicle operator or passenger in Wisconsin is a Class I Felony.
  4. battery or threat to a witness, judge, or judge’s family in Wisconsin is a Class H Felony.

Finally, contact us for more information about a Milwaukee criminal defense attorney or DUI lawyer in Wisconsin. Similarly, we can discuss any of our legal services available at our WI law offices. Another resource includes visiting our informative Wisconsin criminal law resources page.