Battery to a nurse defense attorneys

Battery to a nurse is a felony in Wisconsin.  Contact the criminal defense lawyers at Van Severen Law Office for help: (414) 270-0202

Battery to a nurse briefly existed as a standalone law in Wisconsin. During the early days of the COVID-19 pandemic, medical staff faced attacks and harassment that prompted lawmakers to take action. A few years later, the legislature expanded the protection by combining nurses with all other medical personnel, making it illegal to batter any healthcare worker. In 2025, the law changed again. 2025 Wisconsin Act 24 significantly revised Chapter 940 of the Wisconsin Statutes and recreated a specific statute prohibiting battery to a nurse, now found in section 940.20(2r) of the Wisconsin Statutes.

Battery to a nurse qualifies as a Class H felony in Wisconsin. A conviction carries a maximum penalty of 6 years in prison and $10,000.00 in fines. The 6-year prison term consists of up to 3 years of initial confinement followed by 3 years of extended supervision. This charge does not carry a mandatory minimum penalty. While you face the possibility of a felony conviction and prison sentence – an understandably frightening prospect – these outcomes are not inevitable. In many cases, we have significant opportunities to fight the charges, negotiate favorable resolutions, or pursue alternatives to conviction. The key lies in building a strong defense strategy early in the process.

Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm dedicated to helping defendants throughout the state fight serious charges. Our attorneys regularly represent individuals facing violent criminal charges, including misdemeanor battery, aggravated battery, substantial battery, battery to health care providers, and other violent offenses. We understand the stakes when you face these accusations, and we bring aggressive, strategic defense to every case. Contact us immediately to discuss your situation with one of our experienced criminal defense lawyers and learn how we can protect your rights and freedom. We answer calls 24/7 at (414) 270-0202.

What is battery to a nurse?  Wis. Stat. 940.20(2r)

Section 940.20(2r) of the Wisconsin Statutes prohibits battery to a nurse. The statute provides the following:

(a) In this subsection, “nurse” means an individual who is licensed pursuant to s. 441.06 or 441.10.
(b) Whoever intentionally causes bodily harm to a nurse, or to an individual acting under the supervision of a nurse, who is acting in his or her professional capacity, and the actor knows or has reason to know that the victim is a nurse or an individual acting under the supervision of a nurse, by an act done without the consent of the individual so injured, is guilty of a Class H felony.

This certainly resembles “normal” misdemeanor battery. Let’s examine the critical differences:

• The victim’s status matters. Misdemeanor battery applies to bodily harm caused to any person. However, lawmakers determined that batteries occurring under special circumstances, such as those committed against nurses, warrant significantly heightened penalties.
• The professional context requirement. Misdemeanor battery does not require any specific circumstances surrounding the incident. Battery to a nurse, however, requires that the victim suffer the battery while acting in their professional capacity as a nurse.
• The penalty structure differs dramatically. Misdemeanor battery carries a maximum punishment of 9 months in jail and $10,000.00 in fines. Battery to a nurse escalates to a felony charge with a maximum sentence of 6 years in prison.  This is obviously a substantial increase in potential consequences.

While battery to a nurse shares foundational elements with misdemeanor battery, the additional statutory requirements and enhanced penalties create substantially greater legal liability for defendants.

Wisconsin Criminal Jury Instruction 1243 – Battery to a nurse

Wisconsin Criminal Jury Instruction 1243, though formally withdrawn, addresses battery to a nurse under Chapter 940. While the instruction’s official status remains pending as drafters work to align with substantial 2025 statutory changes, the existing framework likely provides a foundation for future iterations. To establish this offense, the state must prove six elements beyond a reasonable doubt.

• Firstly, the defendant caused or threatened to cause bodily harm to the victim.
  • “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.
  • “Cause” means that the defendant’s act was a substantial factor in producing the bodily harm.
• Secondly, the victim was a worker, a former worker, or a family member of either, of a health care facility.
• Thirdly, at the time of the act, the defendant knew or should have known that the victim was a worker, former worker, or family of either, of a health care facility.
• Fourth, the act was in response to an action that occurred at the health care facility.
• Fifth, the defendant caused bodily harm without the consent of the victim.
• Finally, the defendant acted intentionally.
  • This requires that the defendant acted with the mental purpose to cause bodily harm to the victim, or was aware that his conduct was practically certain to cause that result, and knew that the victim did not consent to the bodily harm.

You’re charged with battery to a nurse.  What do you do next?

We understand what you’re facing. Felony-level criminal charges have the potential to alter the course of your entire life—and if you’re convicted, they likely will. You face years in prison, substantial fines, and the collateral consequences that accompany a felony conviction. These consequences extend far beyond your sentence. They include a lifetime ban on firearm possession, potential loss of professional licenses, termination from your job, and barriers to educational opportunities. A criminal record can also prevent you from renting apartments, living in certain communities, or accessing numerous other opportunities most people take for granted.

Experienced Criminal Defense for Battery to a Nurse Charges

At Van Severen Law Office, S.C., we regularly defend Wisconsin residents facing serious felony charges like battery to a nurse. Our criminal defense attorneys bring experience, strategic thinking, and aggressive advocacy to every case. We’re comfortable fighting tough charges and pursuing the best possible outcomes for our clients. Whether your case demands a trial, negotiating a favorable plea agreement, filing strategic motions to suppress evidence or dismiss charges, or exploring alternative resolutions, we have the skills and dedication to help.

Don’t face these charges alone. The prosecution will build its case against you immediately, and experienced legal representation working just as hard to protect your future is invaluable. Contact Van Severen Law Office, S.C. today at (414) 270-0202 to speak with a criminal defense lawyer who will fight for you. We’re available 24/7 because we know legal emergencies don’t wait for business hours.