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Battery to a prosecutor is a felony in Wisconsin.  Contact our criminal defense lawyers at (414) 270-0202 for help.

Battery to a prosecutor is a Class H felony in Wisconsin.  That means if you’re convicted of this offense, you face a maximum possible penalty of 6 years, $10,000.00 in fines, or both.  This is a serious charge.  And considering the fact that some other prosecutor will be pursuing the case against you, the government likely won’t give you many breaks.  Hiring a top Wisconsin criminal defense attorney becomes more important in situations like this.

You’ll meet some of Wisconsin’s top criminal defense lawyers at Van Severen Law Office, S.C.  We regularly defend individuals facing all kinds of violent charges.  This includes many battery charges, including both misdemeanor battery and more serious, felony-level battery charges.  We’ve also defended countless high-profile cases throughout Wisconsin, and we’re familiar with the issues necessary in cases involving media attention.  We recognize that sometimes cases involving prosecutors draw the attention of media, and we’re prepared to deal with that issue.

Contact us at (414) 270-0202 to schedule a free, one-hour consultation with any of our criminal defense attorneys.

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Wis. Stat. 940.203(2) – battery to a prosecutor

Section 940.203(2) of the Wisconsin Statutes prohibits battering a prosecutor.  Recently we’ve discussed this specific statute in a few other articles: battering or threatening to batter a judge, family member of a judge, or law enforcement officer is prohibited under a similar section.  Section 940.203(3) expands this list further to include attorneys, GALs, advocates, and corporation counsel.

The law says:

(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any … prosecutor … 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 … prosecutor … or a member of the … prosecutor’s … family.
(b) The act or threat is in response to any action taken by a … prosecutor … in an official capacity.
(c) There is no consent by the person harmed or threatened.

One issue is clear on the front end: the defendant must know the victim is a prosecutor. Let’s consider a quick example: the defendant encounters a miserable human being at a bar.  Eventually, after the two begin arguing, the defendant punches the miserable human.  That miserable human happens to be a Milwaukee County prosecutor.  Importantly, the defendant didn’t know that prior to punching the miserable human.  Because the defendant wasn’t aware that he punched a prosecutor, he certainly cannot face charges under this statute.  (That being said, he’s certainly still exposed to other charges.)

The example we provided brings up another important issue.  This was a bar fight, it certainly wasn’t an action in response to something the prosecutor did professionally.  This fact is also fatal to a potential prosecution.

Wisconsin Criminal Jury Instruction 1240c

If you’re ever charged with a crime, during our free consultation we’ll usually discuss the jury instructions for the crime.  Jury instructions are important: they break down crimes into separate parts, or elements.  And while this certainly makes understanding charges easier, it also shows exactly what the government needs to prove beyond a reasonable doubt.  If the government cannot prove each element beyond a reasonable doubt, they cannot sustain a conviction against you.

Wisconsin Criminal Jury Instruction 1240c requires:

  • Firstly, the defendant caused bodily harm to the victim.  Cause means that the defendant’s conduct was a substantial factor in producing the bodily harm.  Bodily harm includes physical pain or injury, illness, or any impairment of physical condition.
  • Secondly, the victim was a prosecutor or a family member of a prosecutor.
  • Thirdly, the defendant knew the victim was a prosecutor, or a family member of a prosecutor.
  • Fourthly, the defendant caused bodily harm in response to an action taken in the prosecutor’s official capacity.  Prosecutors act in an official capacity when they perform duties consistent with their employment.
  • Next, the defendant caused bodily harm 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.

How do we win my battery to a prosecutor charge?

Importantly, all situations leading to criminal charges are different.  Even among cases involving the same charge, two battery to a prosecutor cases will surely be different, with different issues and facts.  Because of that, writing an article describing exactly how to win your case is impossible.  But that’s why we offer free consultations – you’ll be able to spend an hour with one of our criminal defense attorneys and some time figuring out initial ideas for defenses.

But the first place to start when defending any criminal charge is with the elements of the offense.  Can the government prove each element beyond a reasonable doubt?  While a professional prosecutor will not charge something they can’t prove beyond a reasonable doubt, plenty will pursue borderline cases.  Can we win one of those elements?  We can ask for a dismissal of the charges against you.  If the government doesn’t agree, you maintain your right to trial.

Pre-trial motions are another place we’ll try to make some mileage as the case progresses.  Motions are ways to attack unlawful police or prosecutor conduct.  Typically motions involve statements made by the defendant, search warrants, stops, and searches in criminal cases.  Sometimes motions lead to a complete dismissal of charges against the defendant.  In other cases, courts rule that the government cannot use certain pieces of evidence.
Battery to a prosecutor
If you punch a prosecutor in the face, you may be charged with battering a prosecutor. Contact our criminal defense law firm at (414) 270-0202 immediately for help.

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

The criminal defense attorneys at Van Severen Law Office, S.C. regularly defend individuals facing criminal charges.  Whether you’re facing charges for battery to a prosecutor, or for any other criminal charge, we can help.  Our firm has the experience necessary to defend all criminal charges throughout Wisconsin.

For a free consultation, or to retain one of our lawyers, call us immediately at (414) 270-0202.

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