Battery Archives - Gamino Law Offices, LLC

When Does Self-Defense Turn Into Battery?

If you’re like many people, you’re well aware that you’re allowed to defend yourself when someone is attempting to harm you. Self-defense, at least in this arena, is about defending yourself through the use of physical force. For example, you probably already know that it’s okay to push someone off you if they’re attempting to punch you. You probably also know that it’s okay to fight back if someone is swinging on you.

But what you may not know is where the line between self-defense and battery lies.

The Line Between Self-Defense and Battery

It’s one thing to fight back when someone is hitting you – but it’s another matter to beat the daylights out of someone who punched you once. The former is self-defense, but the state of Wisconsin would most likely consider the latter a form of battery.

Battery is the act of causing bodily harm, substantial bodily harm or great bodily harm to another person:

Bodily harm is physical pain or injury, an impairment of a physical condition, or an illness.
Substantial bodily harm is an injury that causes a cut so severe that it requires tissue adhesive, stitches or staples. An injury involving a broken bone, burn, ruptured blood vessel or capillary, or temporary loss of consciousness, hearing or sight is also considered substantial bodily harm. So is one that involves a concussion or a tooth fracture or loss.
Great bodily harm is an injury that creates a substantial risk of death or causes serious disfigurement. It’s also an injury that causes a prolonged or permanent loss or impairment of any part of the body (including organs), as well as any other serious bodily injury.

But here’s where things get tricky: Any of these levels of bodily harm may be necessary to stop someone from harming you – but some are “overdoing” it. It all depends on the level of force necessary to stop someone from harming you (or someone else).

If you’re a 6-foot-tall, 190-pound MMA fighter and a 4-foot-tall, 90-pound person punches you in the arm, kicking them in the head is probably going to get you into trouble. But if you’re a 4-foot-tall, 90-pound person and a 6-foot-tall, 190-pound MMA fighter attempts to punch you, the circumstances change; it would most likely take more to stop that person from hitting you.

That means self-defense is very subjective – and most people who are accused of battery can benefit from talking to an attorney about their situations.

Do You Need to Talk to an Attorney About Self-Defense and Battery Charges?

If you’ve been accused of battery for defending yourself, we may be able to help you explain your side of the story in court. Though we can’t predict how a judge will rule, we can give you the guidance and legal advice you need to get the best possible outcome. Call our office at 414-383-6700 now for a free consultation – we’d love the opportunity to help.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T13:46:41-05:00September 20th, 2022|Criminal Law|Comments Off

Can You Be Charged With Battery for Fighting?

By Attorney Carlos Gamino

Fights happen – as Wisconsin criminal defense attorneys, we know that. Though most fights are avoidable, some result in criminal charges; sometimes those charges come with serious penalties. Here’s what you need to know about being charged with battery after getting into a fight.

Can the State of Wisconsin Charge You With Battery for a Fight?

The state of Wisconsin can absolutely charge you with the crime of battery for a fight. In fact, Wisconsin law defines battery as causing bodily harm, substantial bodily harm or great bodily harm with the intent to do so (and without the consent of the person who’s harmed), so that means even if the fight is more of a one-way street, and no matter who lands the first punch or “wins” the fight, you can pick up a battery charge.

Bodily Harm, Substantial Bodily Harm and Great Bodily Harm

The following table outlines the differences between bodily harm, substantial bodily harm and great bodily harm.

Crime	Definition	Criminal Classification	Possible Penalty
Bodily harm	Physical pain or injury, illness, or impairment of physical condition	Class A misdemeanor	Up to 9 months in jail; fines of up to $10,000
Substantial bodily harm	Injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; loss or fracture of a tooth	Class I felony	Up to 1 year and 6 months in prison with 2 years of extended supervision; fines of up to $10,000
Great bodily harm	Bodily injury that creates a substantial risk of death, or which causes serious permanent disfigurement; a permanent or protracted loss or impairment of the function of any bodily member or organ; other serious bodily injury	Class H or Class E felony	Class H felony: Up to 3 years in prison with 3 years of extended supervision; fines of up to $10,000 Class E felony: Up to 10 years in prison with 5 years of extended supervision; fines of up to $50,000

Do You Need to Talk to a Battery Defense Attorney in Wisconsin?

If you’ve been accused of battery – whether or not you’re guilty of the crime – we may be able to help you. Call our office at 414-383-6700 to schedule your free consultation, where we’ll be glad to answer your questions and help ensure you get the best possible outcome.

Attorney Carlos Gamino

By Tedia Gamino|2021-07-17T09:04:19-05:00September 6th, 2021|Criminal Law|Comments Off

Examples of Disorderly Conduct in Wisconsin

By Carlos Gamino

Under Wisconsin law, disorderly conduct is a very broad term – and the consequences of a conviction can be pretty serious (and they’ll stay on your record forever unless you petition the court to remove them). It covers any behavior in public or in private that’s likely to provoke a disturbance, such as behaviors that are:

Violent
Abusive
Indecent
Profane
Boisterous
Unreasonably loud
Otherwise disorderly conduct

Just from that list, you can see that the police can arrest you for disorderly conduct when you’re doing just about anything but walking quietly down the street. If you’re convicted, you’re looking at a Class B misdemeanor – and that’s punishable by up to 90 days in jail and a fine of up to $1,000.

3 Examples of Disorderly Conduct in Wisconsin

Still not sure what constitutes this type of crime? Check out these three examples of disorderly conduct.

#1. Participating in a disruptive protest

The state can charge you with disorderly conduct if you’re part of a disruptive protest. For example, if the protest you’re participating in devolves from a peaceable assembly into one that involves fighting, profane verbal altercations (with the police or with others), or destruction of property, you can be arrested, charged with disorderly conduct, and possibly convicted.

#2. Public intoxication

It’s not uncommon for people to drink at a bar in downtown Milwaukee, walk to another bar, drink more, and hit the streets again. However, when public intoxication is obvious (such as when other people see you staggering, being loud or obnoxious, or urinating in public), the police can arrest you and charge you with disorderly conduct.

#3. Yelling, screaming or verbally assaulting others

In a recent Michigan protest, a man was alleged to have screamed in a police officer’s face. In some instances, that’s enough to get someone arrested for disorderly conduct (the police did not arrest that man).

Do You Need to Talk to a Lawyer About These Examples of Disorderly Conduct or Your Own Charges?

If you’ve been accused of disorderly conduct, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation with a Milwaukee disorderly conduct attorney today.

Carlos Gamino

By Tedia Gamino|2021-07-17T11:49:22-05:00June 23rd, 2020|Criminal Law|Comments Off

Charged With Disorderly Conduct for Fighting?

By Attorney Carlos Gamino

Disorderly Conduct for Fighting – Attorney Carlos Gamino — Drunk people are fighting in a pub.

Disorderly conduct is a very common charge in Wisconsin. It’s not always confined to larger cities like Milwaukee and Waukesha, either – it happens in every small town in the state.

But what happens if you’re charged with disorderly conduct for fighting in Wisconsin? Can you fight the charges, will you go to jail, and do you have to pay fines? Here’s what you need to know.

What Happens if You’re Charged With Disorderly Conduct for Fighting?

Usually, disorderly conduct for fighting (or for any other reason) is a Class B misdemeanor. It’s typically punishable by up to 90 days in jail and a $1,000 fine – but when you’re charged with disorderly conduct in conjunction with another crime, such as being a felon in possession of a firearm, committing a property crime or trespassing, you’ll face additional criminal penalties.

Related: Does my child need a lawyer?

Disorderly Conduct and Fighting

Wisconsin law defines disorderly conduct this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

That means even if you don’t get into a big physical altercation (such as when you and another person simply get into a pushing match – or, in some cases, even a shouting match), the state can charge you with and convict you of disorderly conduct for fighting.

What to Do if You’re Arrested for Disorderly Conduct

If you’re arrested for disorderly conduct, or if someone you care about is sitting in jail right now, it’s probably a good idea to get in touch with a disorderly conduct attorney who can help.

What About Wisconsin Uniform Misdemeanor Citations?

Sometimes police give out Wisconsin Uniform Misdemeanor Citations. They seem like ordinary tickets, but they’re not. They’re actually a notification that you’ve been charged with a crime, and you’ll need to appear in court on the date listed on the citation. If you don’t show up in court, the judge overseeing your case will issue a warrant for your arrest.

We may be able to help you if you were charged with disorderly conduct for fighting. Call us as soon as you can – we’re at 414-383-6700. We’ll ask you questions about your situation (and we’ll answer your questions), and if we decide to work together, our team will develop a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By Tedia Gamino|2021-07-17T13:22:33-05:00January 16th, 2020|Criminal Law|Comments Off

Charged With Sexual Battery in Wisconsin?

By Carlos Gamino

If you’re like most people who have been charged with sexual battery in Milwaukee or another city, you’re terrified – and you have good reason to be. Sexual battery – also known as sexual assault – is a Class B, Class C or Class G felony under Wisconsin law. Some types of sexual assault are Class A misdemeanors, but that doesn’t mean you won’t be spending time behind bars if you’re convicted.

This is all codified in Wisconsin Statute 940.225, which says that sexual contact without consent counts as sexual assault.

First-Degree Sexual Battery

Under the law, first-degree sexual battery is referred to as assault. It is sexual contact or intercourse with someone who doesn’t consent, and that causes pregnancy or great bodily harm. If you commit this type of sexual battery through threats of violence, whether or not it involves a deadly weapon, you’re looking at a Class B felony that could put you in prison for up to 60 years.

Second-Degree Sexual Battery

Second-degree sexual assault is nonconsensual sexual contact or sexual intercourse that causes the victim illness, moderate injury or mental harm. Sexual contact with people who can’t give consent falls under this category, too. This type of assault is a Class C felony, which can carry a penalty of up to 40 years in prison.

Third-Degree Sexual Battery

Third-degree sexual battery is sexual intercourse or content without consent, including acts intended to degrade the victim or arouse the defendant. It carries a possible penalty of up to 10 years in prison.

Fourth-Degree Sexual Battery

Fourth-degree sexual battery – called assault under the law – is sexual contact without consent (but not the type of assault that would count as third-degree sexual battery). It’s a Class A misdemeanor, which carries a possible penalty of up to 9 months in jail.

What if You’re Charged With Sexual Battery?

If you’re accused of sexual battery, you probably want to talk to a sex crime defense attorney as soon as possible. Call us at 484-383-6700 for a free consultation – to learn how we can help you.

Carlos Gamino

By Tedia Gamino|2021-07-23T16:28:50-05:00November 27th, 2019|Criminal Law|Comments Off

Felony Battery Charges in Wisconsin

Felony Battery Charges in WI - Carlos Gamino

By Carlos Gamino

Battery is a serious crime in Wisconsin – and felony battery charges, if you’re convicted, could put you behind bars for up to 10 years with an additional 5 years of extended supervision. You could also have to pay fines up to $10,000.

What Are Felony Battery Charges for in Wisconsin?

Felony battery charges are reserved for crimes known as:

Substantial battery
Aggravated battery
Aggravated battery with intent to cause great bodily harm

Substantial Battery Charges: A Class I Felony

A substantial battery requires the defendant to cause substantial bodily harm to another person while intending to do so. It’s a Class I felony, and if the court convicts you, you could spend up to 1 year, 6 months in prison and face an additional 2 years of extended supervision. You could also be required to pay a fine of up to $10,000.

Aggravated Battery Charges: A Class H Felony

Aggravated battery requires the defendant to cause – and intend to cause – great bodily harm to another person. It’s a Class H felony, and if you’re convicted, you could spend up to 3 years in prison with 3 years of extended supervision once you’re released. You could also have to pay fines of up to $10,000.

Aggravated Battery With Intent to Cause Great Bodily Harm: A Class E Felony

Battery with a substantial risk of great bodily harm requires the defendant to cause bodily harm to another person (after intending to do so), and the defendant’s behavior had to create a substantial risk of great bodily harm. At the same time, the defendant must know that his or her conduct was creating a substantial risk of great bodily harm. If you’re convicted of this Class E felony, you could go to prison for up to 10 years and face an additional 5 years of extended supervision, as well as pay fines of up to $10,000.

Do You Need to Talk to a Lawyer About Felony Battery Charges?

If you’ve been accused of felony battery, you may want to talk to a Milwaukee assault and battery lawyer as soon as possible.

Call us at 414-383-6700 for a free case review today.

Carlos Gamino

By Tedia Gamino|2021-07-25T12:46:12-05:00November 24th, 2019|Criminal Law|Comments Off

Falsely Accused of Domestic Battery? Here’s Why You May Need a Lawyer

By Carlos Gamino

If you’ve been falsely accused of domestic battery, it’s probably in your best interest to get in touch with an attorney who can help you immediately. A domestic battery conviction is a serious one, and it will stay on your criminal record for the rest of your life. Because the penalties are so harsh for domestic battery in Wisconsin, you need tough, knowledgeable legal representation on your side.

What Happens if You’re Convicted of Domestic Abuse in Wisconsin?

Domestic battery, which can only occur between people who have an established familial relationship of some type, is a very serious crime, and it’s one that carries harsh penalties. If you are convicted of domestic battery, even if you are innocent, you could end up spending time behind bars.

What to Do if You’re Falsely Accused of Domestic Battery

For most people, the best thing to do is to get in touch with a domestic battery defense attorney in Wisconsin immediately.

You have the right to have your lawyer present with you during questioning by police or investigators. Your lawyer will be able to preserve your rights, and ensure that police are operating under the confines of Wisconsin law.

Your lawyer will speak privately with you to get your side of the story. He or she will probably ask you several questions, including what led up to the incident and your version of events as the incident was occurring.

Your lawyer can go with you to your arraignment, and he or she can enter your plea when the judge asks if you plead innocent or guilty. Your domestic battery defense attorney might also be able to negotiate with the prosecution to get you the best possible outcome.

If your case goes to trial, your attorney will be there to argue on your behalf.

Do You Need to Talk to an Attorney About False Allegations of Domestic Abuse in Wisconsin?

If you’ve been falsely accused of domestic battery, or any other type of crime, get in touch with our attorneys at 414-383-6700 right away. We may be able to help you clear your name. Call us today or contact us online for free consultation.

Carlos Gamino

By Tedia Gamino|2021-07-25T12:51:54-05:00November 24th, 2019|Criminal Law|Comments Off

What Are the Differences Between Assault and Battery in Wisconsin?

Differences Between Assault and Battery - Wisconsin Assault and Battery Lawyers

By Carlos Gamino

The words assault and battery are often used together, and sometimes they’re used interchangeably—but under Wisconsin law, they’re two very different crimes. Each carries its own set of penalties, as well, and the courts can find someone guilty of both assault and battery stemming from the same incident. Either way, it’s probably in your best interest to call a Wisconsin assault and battery lawyer as soon as possible.

What is Assault in Wisconsin?

Assault typically refers to an action that one person takes that causes another person to fear bodily injury. If you threaten to punch someone, lunge at someone as if you’re going to punch him or her, or take another action of that type, you could be found guilty of assault in a Wisconsin (including Milwaukee or Waukesha) courtroom. The court can find you guilty of assault even if you never actually committed the crime of battery to follow up on the assault.

What is Battery in Wisconsin?

Battery is the act of intentionally causing injury to another person. You can be found guilty of battery without assault, and depending on the victim and the severity of the victim’s injuries, you could be looking at a misdemeanor or felony.

Battery is a felony when it causes substantial or great bodily harm, or when the victim falls into a certain category of people.

What is Substantial Bodily Harm?

Substantial bodily harm, which turns a misdemeanor battery charge into a felony, can include:

Cuts that require stitches, staples, or tissue adhesive
Bone fractures, including broken noses
Loss of teeth or fractures of teeth
Burns
Ruptured blood vessels
Concussion or temporary loss of consciousness, sight, or hearing

What is Great Bodily Harm?

If you intentionally cause great bodily harm to another person, you’re facing a felony. Under state law, great bodily harm is an injury that creates a risk of death or that causes permanent disfigurement. An injury that causes permanent or lasting loss or impairment of any body part is also considered great bodily harm.

Do You Need to Talk to a Wisconsin Lawyer About Assault and Battery Charges?

Whether you’ve been accused of assault, battery, or both, you may benefit from talking to a Wisconsin assault and battery lawyer. Call us immediately at 414-383-6700 for your free assault and battery case evaluation.

Carlos Gamino

By Tedia Gamino|2021-07-25T13:48:15-05:00November 24th, 2019|Criminal Law|Comments Off

Battery and Assault Charges in Milwaukee

By Carlos Gamino

You’ve probably heard about battery and assault charges, but what do those two terms mean—and are they interchangeable?

Battery and Assault Charges in Milwaukee

In some states, the terms battery and assault are basically interchangeable. In Wisconsin, “assault and battery are two different things. You can be charged and convicted of both offenses, and each is a distinct crime with its own set of consequences.

Battery: Battery is defined as using force against someone with the intent to injure them.
Assault: Assault usually refers to an action a person takes that causes another person to fear bodily injury, even if no physical contact actually occurs.

When you hear someone talking about battery and assault charges, they’re often referring to the crime of battery.

Battery can be a misdemeanor or felony, depending on the nature of the offense, and depending on what actually happens to the alleged victim.

Misdemeanor Battery

Battery is usually considered a Class A misdemeanor if you cause harm to another person and you intended to cause them that harm without their consent.

The penalty can be up to nine months in jail and a fine of up to $10,000.

Felony Battery

Substantial bodily harm is what separates misdemeanor and felony battery charges. If you cause someone substantial bodily harm with the intent to do so and without consent from the other person, you could be looking at a Class I felony charge.

Substantial bodily harm is an injury that requires medical treatment and results in stitches or staples, a broken nose, the loss of a tooth (or teeth), a concussion, or the loss of consciousness. It can also refer to bone fractures.

The penalty for Class I felony battery can be up to three years, six months of imprisonment and fines of up to $10,000.

Great bodily harm with the intent to cause harm (you hurt someone more than you meant to) makes battery a Class H felony. Great bodily harm results from an injury that creates a substantial risk of death, or one that causes serious and permanent disfigurement; it can also refer to an injury that results in the loss of use or impairment of an organ or appendage (such as an arm or a leg). This Class H felony can result in up to six years in prison and up to $10,000 in fines.

Great bodily harm with the intent to cause great bodily harm (you meant to hurt the person as much as you did) turns battery into a Class E felony. You could end up spending 15 years behind bars and paying fines of up to $50,000.

Do You Need to Talk to a Battery and Assault Charge Lawyer in Milwaukee?

If you need to talk to an attorney about battery and assault charges, call us immediately at 414-383-6700, or get in touch with us online for a free consultation. We’ll evaluate your case and begin building the strategy that gets you the best possible outcome right away.

Carlos Gamino

By Tedia Gamino|2021-07-25T15:16:14-05:00November 23rd, 2019|Criminal Law|Comments Off

Battering a Cop – The Best Way to Make a Bad Situation Worse

Under Wisconsin law, a jury can convict you of battery if you cause harm to a law enforcement officer while that officer is performing his or her duties if you know (or should know) that he or she is a police officer.

It sounds pretty straightforward, but there’s a catch.

When it comes to battery and police officers, you don’t have to be guilty of great bodily harm, though.

Bodily Harm vs. Great Bodily Harm

Wisconsin law classifies bodily harm:

Physical pain
Injury
Illness
Impairment of a physical condition

Great bodily harm refers to injury that creates a substantial risk of death, causes serious disfigurement, or causes loss or impairment of a limb or organ.

If you are convicted of battering a police officer, you’ll be facing a Class H felony—even if the battery was minor. That’s because the law considers battery of a police officer a “special circumstance.” Just for the record, firefighters and a handful of other people fall under this category, as well.

What to Do if Police Accuse You of Battering an Officer During Arrest

You don’t want to risk police being able to accuse you of battery during arrest, so it always makes sense to cooperate once you know that they’re arresting you. Don’t attempt to resist, and don’t do anything they could misinterpret as resistance.

If police do accuse you of battery, the best course of action is to get in touch with a Milwaukee battery lawyer who can help you untangle the situation.

You don’t have to defend yourself or answer any questions if police begin to interrogate you. In fact, even if you’re completely innocent, it’s best to keep quiet until your lawyer arrives. Police could misinterpret something you say, which can then be used against you in court. You could be forced to fight a battle that you could’ve avoided.

By Tedia Gamino|2021-07-31T17:00:17-05:00November 19th, 2019|Criminal Law|Comments Off

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