Battery to a nurse defense attorneys

Battery to a nurse is a felony in Wisconsin.  Contact the criminal defense lawyers at Van Severen Law Office for help: (414) 270-0202

Battery to a nurse was very briefly an official law on the books in Wisconsin.  As the United States was initially figuring out how to deal with COVID, certain individuals attacked and harassed medical staff in a way that lawmakers felt needed to be addressed.  A few years later, lawmakers combined nurses with all other medical staff and made it illegal to batter any of them.  While there’s no longer a standalone statute specifically called battery to a nurse, it’s included in section 940.204(2) of the Wisconsin Statutes, titled battery or threat to health care providers and staff.

Battery to a nurse is a Class H felony in Wisconsin.  The maximum penalty for a Class H felony is 6 years prison and $10,000.00 in fines.  The 6 year prison term breaks down into a maximum of 3 years initial confinement followed by 3 years extended supervision.  No mandatory minimum penalty applies to this charge.  While facing a felony conviction and a prison sentence is scary, these results are not automatic, and in many cases there’s still a long fight ahead of us.

Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm focused on helping defendants throughout the state.  Frequently we’re retained to represent individuals facing violent criminal charges, such as misdemeanor battery, felony battery, and more aggravated criminal charges.  Contact us immediately to discuss your case with any of our criminal defense lawyers and to figure out how we can help.  You can reach us 24/7 at (414) 270-0202.

What is battery to a nurse?  Wis. Stat. 940.204(2)

Section 940.204(2) of the Wisconsin Statutes prohibits battery of health care workers and their families.  The statute indicates the following:

(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to a person who works in a health care facility or to a family member of a person who works in a health care facility under all of the following circumstances is guilty of a Class H felony:

(a) At the time of the act or threat, the actor knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.

(b) The act or threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

(c) There is no consent by the person harmed or threatened.

• Firstly, “normal” battery applies to bodily harm caused to anyone else.  This statute specifically punishes battery of health care workers and their families.
• Secondly, “normal” battery doesn’t require a precipitating action to result in legal liability.  This statute requires that the battery be in connection to an event that occurred at the health care facility.
• Finally, the punishment here is much higher than misdemeanor battery.  Misdemeanor battery is a Class A misdemeanor that carries a maximum penalty of 9 months in jail, $10,000.00 in fines, or both.  Battery to a nurse is a Class H felony.

While battery to a nurse operates similarly to misdemeanor battery, there are some circumstantial changes to the law that result in much more legal liability.

Wisconsin Criminal Jury Instruction 1247A – Battery or threat to a staff member of a health care facility

Jury instructions are important tools in the Wisconsin criminal justice system.  Jury instructions break crimes down into smaller parts that are easier to understand.  These parts are called elements, and elements are what the government must prove beyond a reasonable doubt in order to sustain a conviction against a defendant.  The elements of battery or threat to a staff member of a health care facility (specifically a nurse) are as follows, as provided in Wisconsin Criminal Jury Instruction 1247A.

• Firstly, the defendant caused or threatened to cause bodily harm to the victim.
  • “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.
  • “Cause” means that the defendant’s act was a substantial factor in producing the bodily harm.
• Secondly, the victim was a worker, a former worker, or a family member of either, of a health care facility.
• Thirdly, at the time of the act, the defendant knew or should have known that the victim was a worker, former worker, or family of either, of a health care facility.
• Fourth, the act was in response to an action that occurred at the health care facility.
• Fifth, the defendant caused bodily harm without the consent of the victim.
• Finally, the defendant acted intentionally.
  • This requires that the defendant acted with the mental purpose to cause bodily harm to the victim, or was aware that his conduct was practically certain to cause that result, and knew that the victim did not consent to the bodily harm.

You’re charged with battery to a nurse.  What do you do next?

We understand what you’re facing.  Felony-level criminal charges have the potential to change the rest of your life.  If you’re convicted, it’s likely they will.  You face time in prison, massive fines, and the collateral consequences that come with a felony conviction.  These include a lifetime ban on your ability to possess a firearm and other consequences such as loss of certain licenses, your job, or your ability to attend college.  A criminal record could even result in you being denied the ability to live in certain apartments or communities.

At Van Severen Law Office, S.C., we regularly defend Wisconsinites in your position.  We’re comfortable fighting tough charges and seeking positive results for our clients.  Whether that’s a trial, a plea to the best offer, or figuring our your motion options, we can help.  Contact Van Severen Law Office, S.C. at (414) 270-0202.