Top Milwaukee criminal defense attorneys Matthew R. Meyer and Benjamin Van Severen regularly defend battery cases throughout Wisconsin. Wisconsin has different levels of battery. Although this page discusses misdemeanor battery charges, we regularly defend substantial battery and aggravated battery charges, along with every other conceivable criminal charge in Wisconsin.
Pursuant to section 940.19(1) of the Wisconsin Statutes, the crime of misdemeanor battery occurs when:
The defendant 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.
“Cause” in the first element means that the defendant’s action was a substantial factor in causing producing the bodily harm.
“Bodily harm” includes physical pain or injury. It also includes illness or any physical impairment.
“Intent to cause bodily harm” in the second element means that the defendant’s mental purpose was to cause bodily harm to another individual. Or the defendant was aware that his conduct was practically certain to cause bodily harm to another individual.
Misdemeanor battery is a Class A Misdemeanor and carries with it jail time of up to 9 months or a fine of $10,000.00, or both. Misdemeanor battery defense, provided by a competent Milwaukee criminal defense attorney, is important when facing such serious stakes. Not all criminal defense lawyers are capable of defending your battery case. If your misdemeanor battery offense is an act of domestic violence, special additional considerations arise while defending your case.
Our criminal defense attorneys have defended simple and complex battery cases. In a recent Ozaukee County case, Attorney Meyer defended a misdemeanor battery case involving transferred intent. In that case, the defendant intended to strike one individual but ended up striking a different person. For purposes of criminal liability, the intent transferred. Understanding complex legal theories is important for misdemeanor battery defense. The legislature has addressed the issue of transferred intent in battery cases.
The 1953 Judiciary Committee Report on the Criminal Code made clear that:
It is immaterial that the human being killed is not the one the actor intended to kill. If X shoots at and kills a person who he thinks is Y but who is actually Z, X is as guilty as if he had not been mistaken about the identity of the person killed. The same is true where X shoots at Y intending to kill him, but he misses Y and kills Z. In both of these cases, X has caused “the death of another human being by an act done with intent to kill that person or another.” In other words, the section incorporates the common law doctrine of “transferred intent.”
Misdemeanor battery is often charged in domestic violence situations. Generally, if there is any pushing or shoving during a domestic violence situation, misdemeanor battery is what’s charged. Upon more serious injuries, crimes like recklessly endangering safety or substantial battery charges often become involved.
In order to qualify as domestic violence, the crime must include 1) intentional infliction of physical pain, injury, or illness; 2) intentional impairment of physical condition; 3) sexual assault; or 4) a physical act that may cause the victim to reasonably fear imminent engagement of the conduct described in the first 3 situations. If battery is charged, it includes the “intentional infliction of physical pain, injury, or illness.” Battery nearly automatically satisfies the definition of domestic violence.
Domestic violence convictions result in serious collateral consequences. For example, if you’re convicted of any domestic violence charge, you lose your right to possess a firearm. This ban is permanent. It does not go away.
The criminal defense lawyers at Meyer Van Severen, S.C. are trial lawyers. What does that mean? We’re not afraid to defend you in front of a jury. Some defense lawyers are scared. Some are incompetent. At Meyer Van Severen, S.C. we’re none of these negative words. We prepare to proceed to jury trial and defend our clients. Our criminal defense lawyers have won battery charges at trial. If you want the best chance to win trial, we believe it’s crucial you hire the best criminal defense attorney you can afford.
Without reservation, our Milwaukee criminal attorneys provide misdemeanor battery defense. If you’re looking for a defense attorney who will fight for you and your rights, contact Meyer Van Severen, S.C. at (414) 270-0202 today. Above all, no case is too big or too small for Meyer Van Severen.