CALL : 414-270-0202

Battery to an unborn child is a crime in Wisconsin.  Contact our criminal defense lawyers immediately for help: (414) 270-0202

Battery to an unborn child is a serious charge in Wisconsin.  Battery on its own is a Class A misdemeanor, but depending on the circumstances of the child, the mother, and the defendant’s intent, it can increase in severity to a Class H felony.  Along with these serious consequences, sometimes battery involving an unborn child charges encourage attention from the media.  If it’s a slow day, the fact that you’re charge could be enough for you to end up in the news.

While that’s all certainly concerning, it’s important to remember that now is the time to hire a strong ally for your defense.  At Van Severen Law Office, S.C., we recognize that.  Our defense attorneys are constantly prepared to defend individuals facing all kinds of charges.  We’ve fought child abuse cases through trial and we are prepared to fight your case too.

Contact us immediately to set up a free initial consultation.  At that consultation we will begin planning your defense.  We’ll talk through the case and what the next steps are.  Finally, you can reach us 24/7 at (414) 270-0202.  At that number you’ll reach a real human who will get the process rolling.

free consultation client testimonials

The statute: battery to an unborn child.

Section 940.195 of the Wisconsin Statutes prohibits battery to an unborn child.  The law says:

(1) Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class A misdemeanor.
(2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class I felony.
(4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class H felony.
(5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E felony.
(6) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.
As you’ll notice, sub (1) is nearly the same as a misdemeanor battery.  The penalties are the same and the jury instructions are the same.  The only difference is that this specific offense involves an unborn child.  Other offenses mirror substantial battery and aggravated battery charges.

Wisconsin Criminal Jury Instruction 1227

Wisconsin criminal jury instruction 1227 defines battery to an unborn child.  The purpose of the jury instructions is to break a law down into pieces, or elements.  The elements are certainly easier to understand than looking at the statutory language.  And finally, while some offenses have separate instructions for different offenses, 1227 builds in the misdemeanor and felony offenses.  The elements require:

  • Firstly, the defendant caused (bodily harm) (substantial bodily harm) (great bodily harm) to an unborn child; and
  • Secondly, the defendant intended to cause [(bodily harm) (or) (great bodily harm)] [(to the unborn child) (or) (to the woman who was pregnant with the unborn child) (or) (to another)].

Finally, the instruction provides some definitions that make it easier to understand the law:

  • Cause means that the defendant’s act was a substantial factor in producing the bodily harm, substantial bodily harm, or great bodily harm.
  • Bodily harm means physical pain or injury, illness, or any impairment of physical condition.
  • Substantial bodily harm means bodily injury that causes a laceration requiring stitches, staples, or tissue adhesive, it also means a fracture of a bone, a burn, a petechia, or temporary loss of consciousness, sight, or hearing, a concussion, or fracture/loss of a tooth.
  • Great bodily harm means serious bodily injury, injury which creates a substantial risk of death, or which causes serious permanent disfigurement.
  • And finally, an unborn child is any individual of the human species from fertilization until birth that is gestating inside a woman.
Battery to an unborn child is a serious charge in Wisonsin.
Battery to an unborn child is a serious charge in Wisconsin. Contact our criminal defense lawyers immediately for help. (414) 270-0202.

How do we defend battery to an unborn child charges?

Firstly, it’s important to recognize how serious charges involving children are.  Sometimes the media becomes involved because of the identity of the alleged victim.  As you’re aware, the media thrives on sensational news.  Alleging that you attacked an unborn child is certainly something that feeds that sensationalism.  So the first step in defending you is to control the media.  You should not speak with reporters.  Your family and friends should not speak with reporters.  Remember, anything that you say to anyone (not even just the cops) can be used against you in court.

Secondly, we’ll examine your case for any pre-trial motions.  If you already gave a statement to police, we’ll review that statement for any kind of Miranda-Goodchild motion.  If there are other motions to file, we’ll determine whether they’re appropriate and figure out how to pursue them.

Finally, you always maintain your right to jury trial.  This is an important constitutional right, and proceeding to trial may be the best option in your case.  Certainly this is the case if you’re innocent of the charges.

Contact our criminal defense lawyers for help

At Van Severen Law Office, S.C., we dedicate our entire practice to criminal defense.  While most other firms don’t specialize in criminal defense, we do.  And that dedication leads us to an ability to defend you better.  After all, if criminal law is the only thing we do, we don’t need to waste our time on other areas of law.

Finally, remember that our firm offers free consultation to potential clients.  Rather than signing up with the first firm you come across, stop in and talk to us.  You can reach us 24/7 at (414) 270-0202.

icon-angle icon-bars icon-times