Battery by a person subject to an injunction (Wis. Stat. 940.20(1m)) defense attorneys

What does the statute say?

Like all crimes, battery by a person subject to an injunction is prohibited in a statute.  Section 940.20(1m) of the Wisconsin Statutes prohibits battery by a person subject to an injunction.  The law indicates:

(a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 813.128 (3g) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class I felony.

Section 813.12 of the Wisconsin Statutes describes harassment and domestic violence-based restraining orders.  Other than the addition of the section referring to the restraining orders, this certainly looks similar to the misdemeanor battery statute.  And it is – the only difference in this case is the addition of a restraining order.

Importantly, as we discussed earlier, this charge is a Class I felony.  While a normal battery is punishable by 9 months in jail and a $10,000.00 fine, these penalties are certainly increased.  Arguably this is because the legislature recognized that both the defendant and the alleged victim are in different positions here.  The defendant has an active restraining order against him or her.  And the victim obtained that order against the victim.

Wisconsin Criminal Jury Instruction 1229 – Battery by a Person Subject to an Injunction

As with all crimes in Wisconsin, this battery charge includes specific jury instructions that describe the offense.  Courts use jury instructions to help jurors understand crimes.  Additionally, they’re frequently used during plea colloquies with defendants.  Importantly, the government must prove each part (element) of the jury instructions before the court can find the defendant guilty.

The criminal jury instructions for battery by a person subject to an injunction require:

• Firstly, the victim petitioned for a domestic abuse or harassment injunction against the defendant; and
• Secondly, at the time of the alleged offense, the defendant was subject to the domestic abuse or harassment injunction; and
• Thirdly, the defendant intentionally caused bodily harm to the victim.  “Cause” means that the defendant’s conduct is a substantial factor in producing the bodily harm of the victim.  “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.  It includes pain.
• Fourth, the victim did not consent to the bodily harm; and
• Finally, the defendant knew the victim petitioned for the injunction and knew the victim did not consent to the bodily harm.

Importantly, the government must prove all elements against the defendant in order to convict him or her.  Unless they can do that, the court must find the defendant not guilty.  Sometimes we’ll use this as a trial strategy while fighting for you at trial.

Finally, the government must prove the defendant acted intentionally.  This requires a showing that the defendant had the mental purpose to cause bodily harm to another human being or was aware that the conduct was practically certain to cause bodily harm to another.

How do we win my case?

It’s important to recognize that every criminal case is different.  But as we discussed in the previous section, it’s important to recognize that you always maintain your right to a jury trial.  A bad criminal defense attorney, the prosecutor, and the judge cannot force you to take a plea.  It does not matter whether you’re guilty or not – you always have a right to contest the allegations against you.  At Van Severen Law Office, S.C., we’ll always support that decision.  We fight charges in front of juries on a regular basis.

Even without a jury trial, there are ways to fight your charges.  Our criminal defense lawyers regularly file pre-trial motions seeking various forms of relief from the trial court.  Sometimes those forms of relief include complete dismissal of charges.  Pre-trial motions challenge illegal police conduct, challenge prosecutorial decisions, and otherwise request the court to make a finding regarding issues involving facts and the law.  Whether your case has a motion issue is something we’ll certainly begin talking about at your initial consultation.

But again, it’s important that we recognize that your case is different from the others we’ve defended.  You’re a different defendant, and we recognize that.  Answering how to win your specific case on a general web page is impossible.  But if there’s a way to win, we’ll do our best to find it.

Contact our criminal defense attorneys immediately for help

Our criminal defense lawyers have a significant amount of experience defending domestic violence and violent charges.  It’s safe to say that at least one of our attorneys is constantly fighting for a client facing charges involving an alleged victim.  Our experience and dedication to criminal defense benefits you.  We don’t practice other forms of law because those forms of law will not help you win.

Contact us immediately at (414) 270-0202.  We offer free initial consultations to all potential clients.  At that initial consultation you’ll meet with one of our criminal defense attorneys and we’ll begin discussing your case.  If we’re a match, we’ll continue the fight and figure out how else we can help you.