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