Aggravated battery is a felony in Wisconsin. Our criminal defense attorneys regularly fight these charges.
Aggravated battery charges result when someone intends to commit misdemeanor battery, but more serious injuries occur. It’s for this reason that Wisconsin allows battery to proceed as either a misdemeanor (bodily harm) or a felony (great bodily harm). While misdemeanor-level cases include things like pain (a pinch or a slap satisfies the definition), aggravated battery involves injuries that involve the substantial risk of death, permanent disfigurement, or some other significant injury. Importantly, there’s a second version of this offense that includes both intent to commit great bodily harm and resulting great bodily harm to the victim.
Aggravated battery cases involving intent to cause bodily harm are Class H felonies. A Class H felony penalties in Wisconsin include potential prison time totaling 6 years, fines of up to $10,000.00, or both. The 6 years in prison breaks down into 3 years initial confinement and 3 years extended supervision. Secondly, aggravated battery cases involving intent to cause great bodily harm are Class E felonies. A Class E felony includes a possible punishment of up to 15 years in prison, a fine of $50,000.00, or both. This prison penalty breaks down into a maximum of 10 years initial confinement and 5 years extended supervision.
The criminal defense attorneys at Van Severen Law Office, S.C. have decades of experience representing individuals facing all sorts of violent criminal charges. Whether it’s misdemeanor battery, aggravated battery, or something even more aggravated like homicide, we’re professionals experienced in these areas of law. We recognize how scary it can be to face the possibility of years in prison. We’re prepared to stand as allies to our clients throughout this difficult fight. Contact us today at (414) 270-0202 to speak with any of our Milwaukee criminal defense attorneys.
What is aggravated battery with intent to cause bodily harm? Wis. Stat. 940.19(4)
Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.
In other words, the defendant caused great bodily harm with intent to cause bodily harm to that person, or another person.
As the statute makes clear (the “or another” language), the concept of transferred intent certainly applies to this crime. The idea with transferred intent is that the defendant intended to cause the bodily harm to one individual, but ended up causing the great bodily harm to another. Let’s consider an example: the defendant is severely intoxicated and tries to punch person A, but misses and strikes person B. Defendant’s punch shatters person B’s nose in a way that will result in permanent disfigurement (great bodily harm). But he’d intended to hit person A. While this analysis gets a little granular, and it’s certainly something we’d discuss at your initial consultation, we think it’s important for you to understand on the front end.
Wisconsin Criminal Jury Instruction 1224 – Aggravated battery with intent to cause bodily harm
Jury instructions are helpful for a few reasons. Firstly, they break Wisconsin criminal offenses down into small parts, called elements. The government must prove each of those elements beyond a reasonable doubt in order to sustain a conviction against the defendant. And secondly, they frequently provide important legal definitions.
Firstly, the defendant cause great bodily harm to the victim; and
Secondly, the defendant intended to cause bodily harm to the victim or another person.
“Great bodily harm” refers to an injury which creates a substantial risk of death, serious permanent disfigurement, or which causes a permanent/protracted loss or impairment of the function of any bodily member or organ. It also refers to other serious bodily injury.
“Bodily harm” means physical pain, injury, illness, or an impairment of bodily function.
“Intent to cause bodily harm” means that the defendant had the mental purpose to cause bodily harm the victim or another individual, and the defendant was aware that his conduct was practically certain to cause bodily harm to the victim or another individual.
Bar fights sometimes result in criminal charges including battery, aggravated battery, and substantial battery. If you’re facing charges for any kind of violent offense, contact the Milwaukee criminal defense attorneys at Van Severen Law Office. Our office is available 24/7 at (414) 270-0202.
What about aggravated battery with intent to cause great bodily harm?
You’ll recall that both aggravated battery charges result in the victim suffering great bodily harm. But the difference between the two is the intent of the defendant. Section 940.19(5) of the Wisconsin Statutes prohibits aggravated battery with intent to cause great bodily harm. It indicates:
Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person.
It can be difficult for prosecutors to prove intent to cause great bodily harm, but let’s consider a few possible examples. Firstly, using a weapon could lead to this conclusion. Striking someone with a baseball bat or crowbar would certainly suggest that the defendant intends to cause great bodily harm. Verbal statements made prior to the attack could also lead to this conclusion. “I’m going to break your arm” would seem to suggest intent to cause great bodily harm.
Wisconsin Criminal Jury Instruction 1225 – Aggravated battery with intent to cause great bodily harm:
Firstly, the defendant caused great bodily harm to the victim; and
Secondly, the defendant intended to cause great bodily harm to the victim.
Let’s consider one additional definition: intent to cause great bodily harm:
“Intent to cause great bodily harm” means that the defendant had the mental purpose to cause great bodily harm to another human being or was aware that (his) (her) conduct was practically certain to cause great bodily harm to another human being.”
Considering our baseball bat scenario, does striking someone with it lead the defendant to believe that the strike was “practically certain to cause great bodily harm to another human? We’re defense attorneys, so we can imagine an argument against this one. But obviously this is a stronger case than simply pinching someone.
Does this charge apply to domestic violence situations?
Section 968.075 of the Wisconsin Statutes defines domestic abuse and provides various procedural laws regarding this issue. “Domestic abuse” includes “intentional infliction of physical pain, physical injury, or illness,” when engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resides, or any against an adult with whom the person has a child in common.
Aggravated battery certainly includes intentional infliction of physical pain or injury. Although this charge is a felony and a conviction carries with it significant, life-altering and permanent consequences, so do domestic violence convictions. While sometimes plea negotiations result in the reduction of charges, a DV attachment certainly makes this more difficult. A conviction for a domestic abuse offense results in a lifetime ban on the defendant’s ability to possess a firearm, additional fines, and other collateral consequences associated with the stigma attached to these offenses.
Also important to remember? DV modifiers apply to roommate situations. The definition doesn’t say anything about a romantic or sexual requirement. While a domestic abuse modifier might not change your feelings significantly about facing a felony criminal charge, it certainly doesn’t make things easier or more lenient.
The Milwaukee criminal defense attorneys at Van Severen Law Office, S.C. defend this and all other violent criminal charges throughout Wisconsin.
Van Severen Law Office, S.C. is a Milwaukee criminal defense law firm with satellite offices throughout Wisconsin. Whether you’re facing criminal charges in Milwaukee, Waukesha, Ozaukee, Washington, or any other county throughout the state, we’re in the position to help.
Facing any criminal charge can be a scary situation. We regularly work with individuals facing all sorts of battery charges. Whether it’s a 9 month misdemeanor battery case, or a 15 year aggravated battery case, we’ve fought for clients in positions similar to yours. We’re familiar with the pre-trial issues, the constitutional issues, the trial issues, and the strategies involved with fighting criminal charges.
We offer free consultations to potential clients and we’d like to speak to you about what you’re dealing with. Contact us at (414) 270-0202 and let’s figure out what we can do together.
