Battery can be charged as a felony in Wisconsin. One version of felony battery in Wisconsin is called aggravated battery. It’s important to have an experienced criminal defense attorney on your side when facing criminal charges, especially when those charges are felonies. Our Milwaukee criminal defense law firm, Meyer Van Severen, S.C., defends all criminal accusations in Wisconsin. Top criminal defense attorneys, Matthew R. Meyer and Benjamin T. Van Severen are available to discuss aggravated battery defense at (414) 270-0202. If you are charged with another battery offense, such as substantial battery, also give us a call.
Aggravated battery has two versions, one “with intent to cause bodily harm” and the other “with intent to cause great bodily harm.”
Aggravated battery with intent to cause bodily harm is defined in section 940.19(4) of the Wisconsin Statutes. It requires that:
The defendant cause great bodily harm to another by an act done with intent to cause bodily harm to that person or another.
“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.
Firstly, aggravated battery with intent to cause bodily harm is a Class H felony in Wisconsin. Upon conviction, the defendant is subject to 6 years in prison and a $10,000.00 fine, or both. Clearly it can be important to have a Milwaukee criminal defense attorney provide aggravated battery defense when facing such a serious potential penalty.
Defendant intends to punch victim in a manner that hurts victim. This qualifies as “intent to cause bodily harm,” as defendant has the mental purpose to cause bodily harm (pain) to victim. The defendant was aware that punching the victim was practically certain to cause pain. The defendant punches the victim in the nose, breaking his nose. His intent was not to break the nose, but simply cause pain to the victim.
This satisfies all the elements, or parts, of the definition of this felony offense:
Aggravated battery with intent to cause great bodily harm is a slightly different version of aggravated battery. Defined in section 940.19(5) of the Wisconsin statutes, the following is required:
The defendant caused great bodily harm to another, by an act done with intent to cause great bodily harm.
“Intent to cause great bodily harm” in the second element is shown when the defendant had the mental purpose to cause great bodily harm, or was aware that his conduct was practically certain to cause great bodily harm to the victim or another individual.
Secondly, aggravated battery with intent to cause great bodily harm is a Class E felony in Wisconsin, subjecting the defendant to a potential term in prison of 15 years, or a fine of $50,000.00, or both. This penalty is even more serious than the first version of this offense, furthering the important of a cohesive aggravated battery defense. Our top criminal defense lawyers, Matthew R. Meyer and Benjamin T. Van Severen defend aggravated battery cases.
Defendant intends to hit victim in the nose with a baseball bat. Defendant’s intent is to break the nose of the victim. This qualifies as “intent to cause great bodily harm,” as the defendant has the mental purpose to cause great bodily harm (broken nose) to victim. Further, defendant hits victim in the nose, breaking his nose.
Similarly, this example satisfies all the elements of this felony crime:
Aggravated battery is a very serious crime in Wisconsin. Your criminal case becomes even more serious if it’s an act of domestic violence. Our criminal defense attorneys believe that dealing with these issues on your own can be dangerous. It’s best to have a skilled Milwaukee criminal defense attorney assisting you with aggravated battery defense. By all means, contact Milwaukee criminal defense law firm Meyer Van Severen to discuss your aggravated battery case. Certainly Meyer Van Severen, S.C. ensures that phones are answered 24/7.