Can You Be Charged With Battery for Fighting?
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.
Related: Will I go to prison for fighting?
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.