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Battery to a judge charges are serious felony charges.  Contact our violent crime defense attorneys immediately for help: (414) 270-0202

Battery to a judge charges include the distinct potential of a prison sentence.  In Wisconsin, the charges is classified as a Class H felony, meaning that if you’re convicted, you face a maximum penalty of 6 years in prison, $10,000.00 fines, or both.  While obviously our goal is to avoid this result, it’s important to recognize that cases like this are high-stakes affairs.  A judge is the alleged victim in your case.  And if you are convicted, a judge (although a different one) determines your sentence.  Navigating this can be difficult for an inexperienced criminal defense attorney.  Fortunately for you, Van Severen Law Office, S.C. is a law firm that dedicates itself entirely to criminal defense.  We have the experience necessary to defend you in this or any other criminal charge.

Contact us immediately at (414) 270-0202 for help.  We offer free consultations to potential clients facing charges anywhere in Wisconsin.  During that consultation, you’ll meet with one of our criminal defense attorneys to discuss your case, possible defense strategy, and where we see the case going.  Defending a case on your own, or with inferior counsel, could result in the case going very poorly very quickly.  Let’s avoid that result together.

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What is battery to a judge?

Section 940.203(2) of the Wisconsin Statutes prohibits battery to a judge.  Importantly, the section also provides prohibitions on battery to other individuals in the criminal justice system, including law enforcement officers and prosecutors.  The law indicates:

(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge, prosecutor, or law enforcement officer under all of the following circumstances is guilty of a Class H felony:
(a) At the time of the act or threat, the actor knows or should have known that the victim is a judge, prosecutor, or law enforcement officer or a member of the judge’s, prosecutor’s, or law enforcement officer’s family.
(b) The act or threat is in response to any action taken by a judge, prosecutor, or law enforcement officer in an official capacity.
(c) There is no consent by the person harmed or threatened.
Importantly, the word judge has a specific definition:  “Judge” means a person who currently is or who formerly was a supreme court justice, court of appeals judge, circuit court judge, municipal judge, tribal judge, temporary or permanent reserve judge, or circuit, supplemental, or municipal court commissioner.  Wis. Stat. 940.203(1)(b).  While this definition certainly appears broad, there’s one glaring deficiency relevant to criminal law: administrative law judges do not fall within the definition.  Administrative law judges are the administrators in charge of probation and extended supervision revocation proceedings.  While battery to an administrative law judge is a crime, it does not fall within this statute.
And finally, Section 940.203(3) goes on to provide definitions of batteries including a former guardian ad litem, corporation counsel, advocate, or attorney, or a member of the current or former guardian ad litem’s, corporation counsel’s, advocate’s, or an attorney’s family.  This is a different crime.

Wisconsin Criminal Jury Instruction 1240A

Jury instructions define most crimes in Wisconsin.  In other words, jury instructions accompany crimes and break them down into smaller, easier-to-understood parts.  Battery to a judge is certainly no exception.  Wisconsin criminal jury instruction 1240A provides the following elements to this offense:
  • Firstly, the defendant caused bodily harm to the victim.  “Cause” means that the defendant’s conduct played a substantial role in producing the bodily harm.  “Bodily harm” means physical pain or injury, illness, or impairment of physical condition.
  • Secondly, the victim was either a judge, or a family member of a judge.
  • Thirdly, the defendant knew that the victim was either a judge, or a family member of a judge.
  • Fourthly, the defendant caused bodily harm in response to an action taken in the judge’s official capacity.  Judges act in an official capacity when they perform duties that they are employed to perform.
  • Next, the defendant caused bodily harm to the victim without consent of the victim.
  • And finally, the defendant acted intentionally.  This requires that the defendant acted with the mental purpose to cause bodily harm to the victim.
Battery to a judge
Battery to a judge charges in Wisconsin are serious felonies. Contact our criminal defense attorneys for help at (414) 270-0202.

How do I win my battery case?

All battery cases in Wisconsin are different.  While the charges might be the same, cases involve different actors, different circumstances, and different prosecutors, defense attorneys, and judges.  Because of those issues, describing how to win any kind of a battery case in a general article is impossible.  This is one of the reasons our firm offers free consultations – it allows the potential client to come in and take some time discussing the case with one of our defense attorneys.

But importantly, one of the rights all battery trials have in common is your right to trial.  You’re only guilty if the government can prove it (or if you take a plea).  The fact that you are innocent, and the fact that the government may have a tough time proving all the elements against you are important considerations when moving through your case.  Our criminal defense attorneys are all trial-experienced and prepared to fight for you at this level.

But prior to trial, pre-trial motion practice could result in a win, depending on your case.  While we always suggest you not speak with police, sometimes people don’t follow that advice, and end up providing the government with more information.  If law enforcement officers did not follow proper procedures under Miranda-Goodchild, there may be a basis for us to challenge the government’s use of your statement against you.  While this is only one example of a motion, there are plenty others we’ll explore and attempt to apply to your case.

Contact Van Severen Law Office, S.C. for immediate help

Hiring experienced criminal defense counsel when facing any kind of criminal allegation is of utmost importance.  Your life is on the line, so the cheapest, least-experienced attorney might not be the best option.  After all, how much is your freedom worth?  At Van Severen Law Office, S.C., you’ll meet a complete staff of trial-experienced, aggressive criminal defense attorneys prepared to defend you through the end.

Battery to a judge charges are incredibly serious, and if handled the wrong way could quickly lead to a prison recommendation from the state.  Contact our firm at (414) 270-0202 and let’s schedule a free consultation.

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