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Battery to a probation officer is a serious felony charge in Wisconsin.  Contact us at (414) 270-0202 for help.

Battery to a probation officer charges are the culmination of a bad situation.  If you have a probation officer, you’re actively on supervision for some sort of other charge.  On top of facing new charges, you’ll frequently also face potential revocation of your probation, extended supervision, or parole.  While not all law firms can provide you the complete representation you need when facing this situation, Van Severen Law Office, S.C. can.

Battery to a probation, extended supervision and parole agent, community supervision agent, or an aftercare agent is a Class H felony.  That means thats that upon conviction, you face a maximum penalty of 6 years in prison, $10,000.00 in fines, or both.  Without a proper defense, these significant penalties become more likely.

At Van Severen Law Office, S.C., all of our criminal defense attorneys have defended serious felony charges and revocation cases.  Frequently these are for the same client.  We possess the skill, intelligence, and legal knowledge necessary to fight criminal charges throughout Wisconsin.  Contact us immediately at (414) 270-0202 and let’s figure out how our law firm can help.

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What does section 940.20(2m) of the Wisconsin Statutes say?

Section 940.20(2m) of the Wisconsin Statutes defines battery to a probation officer charges.  The law says:

Whoever intentionally causes bodily harm to a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent, a community supervision agent, or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class H felony.

As with other battery charges involving the victim’s career, this charge requires the probation officer to be acting in his official capacity.  That means this charge only applies when the probation officer is acting in his capacity as a probation officer.  If your neighbor is a probation officer, and you have an altercation with him, these charges do not apply.  This requirement operates similarly to other charges, such as battery to a law enforcement officer.

What are the jury instructions?

Wisconsin Criminal Jury Instruction 1231 provides the elements of battery to a probation officer.  As with all crimes in Wisconsin, the government must prove each element of the charge beyond a reasonable doubt.  If the government cannot succeed, your charge should be dismissed.  The elements of this offense require:

  • Firstly, the defendant caused bodily harm to the victim;
  • Secondly, the victim was a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent;
  • Thirdly, the victim was acting in an official capacity;
  • Fourth, the defendant knew, or had reason to know, that the victim was an agent acting in an official capacity;
  • Fifth, the victim did not consent to the causing of the bodily harm; and
  • Finally, the defendant acted intentionally.

The jury instructions also provide some important definitions.  Bodily harm means physical pain or injury, illness, or impairment of physical condition.  Physical pain is a low bar and does not require any bruising, marks, or cuts.

Battery to a probation officer
Battery to a probation officer is a felony charge in Wisconsin. Contact our criminal defense attorneys at (414) 270-0202 immediately for help.

How do we win your battery to a probation officer case?

Winning a criminal case means different things to different people.  But achieving that win takes many different paths for different kinds of cases.

For example, winning a case involving drunk driving charges is a whole lot different than a battery to a probation officer case.  The drunk driving case could involve different pre-trial motions, focused on challenging the stop of the vehicle, or the arrest of the defendant.  In a different scenario, a drug case could involve pre-trial motions challenging a search warrant executed on a home or vehicle.  Those motions usually don’t apply in a case involving violence, such as this one.  The best piece of advice in this situation is to avoid giving any kind of statement to law enforcement.  Once you make a statement, it’s difficult, and frequently impossible,  to take it back.

If your case is not successful at the pre-trial motion stage, the next step is to determine whether we’re going to pursue pre-trial negotiations or fight the case at trial (frequently pursuing both at the same time is the best option).  If you’re not happy with the plea offer results in a case, or if you’re innocent of the charges which you’ve been accused, trial is sometimes the best option to pursue.  At trial the government would have to prove you guilty beyond a reasonable doubt.  If they cannot prove that guilt, you must be found not guilty.

Again, it’s important to recognize that all cases are different.  That’s one of the reasons our firm offers free consultations to potential clients.  While this article cannot tell you exactly how to win your case, at that initial free consultation we can begin exploring possible defenses and ways to succeed defending your case.

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

When you’re facing criminal charges, you want help quickly.  That’s why we make sure that whenever you call our firm, you’ll be connected with a real person.  Even if you contact our firm in the middle of the night, our answering service will contact our criminal defense attorneys directly for followup.

You’ll always be able to hire a cheaper defense attorney, but what is your life worth?  What is additional time in jail or prison worth?  We certainly believe that there’s not a price that can be attached to your freedom.

Our criminal defense attorneys have a significant amount of experience defending violent criminal charges, including battery.  Secondly, many of our criminal defense attorneys have defended revocation cases their entire careers.  Your battery to a probation officer case is serious, and our firm is in the position to defend all of the criminal issues you face.  Contact us immediately at (414) 270-0202.

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