Battery by prisoner defense attorneys - Wis. Stat. 940.61(2)
Battery by a prisoner is a felony in Wisconsin. Contact our criminal defense lawyers immediately for help.
Battery by a prisoner charges in Wisconsin are incredibly serious. At the start, it’s important to recognize that the defendant in a battery by a prisoner case is already in custody for some other offense. Prior offenses, especially those that are recent, will count against the defendant at the time of sentencing. One of the foundational considerations a trial court makes at sentencing is regarding the defendant’s character. A pile of old charges certainly doesn’t look good. But with proper representation, from a skilled criminal defense attorney, building up other aspects of the defendant’s character can work to offset this. We think this is one of the main reasons to thoroughly consider the criminal defense attorney that you hire.
Battery by a prisoner is a Class H felony in Wisconsin. That means the maximum penalty for this offense is 6 years prison, $100,000.00 in fines, or both. Importantly, that 6 year prison sentence is bifurcated into a term of initial confinement (time in prison) followed by a term of extended supervision (community supervision, similar to probation). The maximum term of initial confinement for a Class H felony is 3 years, and the maximum term of extended supervision is 3 years. No mandatory minimum penalty applies to this charge.
Van Severen Law Office, S.C. is a criminal defense law firm comprised of some of Wisconsin’s best criminal defense attorneys. We regularly represent defendants throughout Wisconsin facing allegations of violent criminal conduct. Representing defendants facing battery by a prisoner charges is well within our wheelhouse, and the kind of criminal charge we’re comfortable defending. Whether it’s misdemeanor battery, felony substantial battery, or something like this, we’re in the position to help.
Contact us at (414) 270-0202 to learn how we can help, or to get started.
(2) Battery by prisoners or certain detained or committed persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies:
(a)Battery by prisoners. The person who causes the bodily harm is a prisoner confined to a state prison, a jail, or any other state, county, or municipal detention facility and intentionally causes the bodily harm or a soft tissue injury to an officer, employee, visitor, or another inmate of such prison or institution.
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The definition of this offense is similar to misdemeanor battery, except it’s an offense committed while in custody. Like many offenses, the circumstances of the crime dictate whether a higher or lower penalty should be involved. Lawmakers in Wisconsin apparently believed that a heightened penalty should apply to battery cases that occur while in custody. If the same incident (intent to cause bodily harm, and actually causing bodily harm) occurred outside, it’d be a 9 month misdemeanor.
Importantly, battery by a prisoner cases can also include battery committed against officers, employees, or visitors of the facility. The charge isn’t limited to cases involving inmate on inmate violence.
Frequently these offenses occur after the pressures of jail and prison get to an inmate. Other inmates making constant noise, disrespecting your property, and exhibiting consistent antisocial, violent, or annoying characteristics can lead to an incredibly amount of stress. Correctional officers are sometimes worse than other inmates. They lack any serious education and have the power to control every aspect of your life. Unfortunately, that combination can lead to condescending attitudes and behaviors, making it difficult to get through your time. Finding a way to release that stress is difficult. Unfortunately, sometimes violence occurs.
Wisconsin Criminal Jury Instruction 1228
Jury instructions define the majority of crimes in Wisconsin. While the statute provides the exact wording of the law, jury instructions break down crimes into more-easily understandable points. These points are called elements, and the government must prove each of them beyond a reasonable doubt. At the conclusion of a jury trial, these instructions are submitted to the jury to determine whether the crime occurred.
Firstly, the defendant was confined to a state prison, or state, county, or municipal detention facility. This requires the defendant was confined to the facility as a result of a violation of the law; and
Secondly, the defendant intentionally caused bodily harm or soft tissue injury to the victim; and
Thirdly, the victim was an officer, employee, visitor, or another inmate in the institution; and
Fourthly, the defendant caused bodily harm or a soft tissue injury without the consent of the victim; and
Finally, the defendant knew the victim was an officer, employee, visitor, or another inmate of the institution, and knew that the victim did not consent to the bodily harm or tissue injury.
These all seem straightforward, but what’s a “violation of the law” as mentioned in the first element? The definition is incredibly broad. Caselaw indicates that juvenile confined as juveniles confined as delinquents are prisoners. C.D.M. v. State, 125 Wis.2d 170, 370 N.W.2d 287 (Ct. App. 1985). It also includes individuals confined after violating terms of their probation. State v. Fitzgerald, 2000 WI App 55, ¶12, 233 Wis.2d 584, 608 N.W.2d 391. It also includes individuals imprisoned after being found not guilty by reason of mental disease or defect. State v. Skampfer, 176 Wis.2d 304, 500 N.W.2d 369 (Ct. App. 1993).
What isn’t included?
In some circumstances, witnesses in criminal cases are taken into custody and required to pay bail before being released. This is done when prosecutors or the court believe that the witness is unlikely to reappear for an important future court hearing like a trial. Being held to ensure your appearance, and even being forced to pay bail isn’t a “violation of the law.” So what happens when that witness is held in custody (not due to a violation of the law) and commits a battery? While a misdemeanor battery, substantial battery, or aggravated battery charge is certainly possible, it’s unlikely this individual would be charged with battery by a prisoner after an in-custody altercation. And if they are, it sounds like the kind of case we’d enjoy fighting at trial.
Battery by a prisoner is a felony in Wisconsin. Van Severen Law Office, S.C. represents individuals fighting these serious charges. Contact us at (414) 270-0202 to speak with our Wisconsin criminal defense attorneys about how we can help.
How do we win my battery by prisoner case?
Importantly, regardless of whether you are in custody or not, self defense still applies. Just because you’re in jail or prison, doesn’t mean you should just take a beating. You have the right to defend yourself. Fortunately, in many cases involving battery within a custodial setting, there are cameras everywhere. While those cameras typically don’t record audio, watching what led to the altercation is helpful in planning your defense. But self defense applies, and we’ll make sure to examine that.
Sometimes you’re simply not guilty of the offense. In those cases, the government’s case may be based on the testimony of other individuals. Other inmates have an inherent credibility problem, so exploiting this for your defense may lead us to some progress.
Lastly, every criminal case we defend is different. Every defendant is different. Recognizing that, and the fact that this is a general online article, we can’t provide you all potential defenses to your case. We’d like to, but it’s impossible. Fortunately, we offer free consultations with any of our criminal defense attorneys. Sitting down and discussing the exact facts of your specific case will allow us to explain all of your options moving forward.
Finally, contact our criminal defense firm immediately for help
Van Severen Law Office, S.C. is a full-service criminal defense law firm. No matter what kind of crime you’ve been accused of, we have the appropriate criminal defense lawyer on our staff to provide you top-notch representation. We have a reputation for aggressively fighting cases for our clients. And we’d like to continue that reputation and work hard on your case.
Contact us immediately and we’ll set up a time to talk. If you’re a family member calling on behalf of a defendant who is in custody, don’t hesitate to reach out. Depending on the circumstances of your family member’s custody, we have options to speak with him or her. You can reach us 24/7 at (414) 270-0202.
