Misdemeanor battery defense attorneys

We defend misdemeanor battery charges.

Misdemeanor battery charges are the frequent result of physical conflicts.  Whether it’s a bar fight, a random confrontation, or a domestic violence situation, so long as the victim suffered no serious harm (broken bones, stitches, etc.), it qualifies as a misdemeanor-level criminal charge.  Specifically, misdemeanor battery is a Class A misdemeanor, which carries a maximum penalty of 9 months in jail, $10,000.00 in fines, or both.  More aggravated felony-level battery charges include substantial battery and aggravated battery, which we discuss in other pages on this website.

The criminal defense lawyers at Van Severen Law Office, S.C. regularly defend individuals accused of committing violent crimes.  Frequently these situations involve battery charges.  We’re familiar with the issues involves and are prepared to present your best defense throughout your case.

Van Severen Law Office, S.C. is a full service criminal defense law firm with offices throughout Wisconsin.  We offer free consultations to potential clients and have a human answering our phones 24/7.  Contact us now at (414) 270-0202 and let’s schedule a time to talk about your case.

What is misdemeanor battery?

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.  We’ve 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 defending serious criminal accusations.  As a matter of fact, we do.  It’s how we provide you the very best criminal defense.

What is the definition of transferred intent?

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 – Domestic Violence

Misdemeanor battery is often charged in domestic violence situations. Generally, if there is any pushing or shoving during a domestic violence situation, a misdemeanor battery charge results.  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.”  This charge nearly automatically satisfies the definition of domestic violence.

Domestic violence convictions result in serious collateral consequences.  For example, a conviction for any domestic violence charge will result in a loss of your right to possess a firearm.  This ban is permanent.  It does not go away.

Hiring a top criminal defense attorney, unafraid of trial, is crucial to your defense.

Frequently you’ll meet other criminal defense attorneys who are afraid to defend their clients at trial.  Unfortunately for those attorneys, cowardly reputations spread quickly, and they have the potential to hurt clients.  A prosecutor who knows that the defense attorney they’re working against won’t go to trial may offer a more heavy-handed plea offer to the defendant.

Our staff does not include criminal defense attorneys afraid to fight for their clients at trial. Your right to trial is one of the most important and basic constitutional guarantees of criminal law.  We regularly fight criminal cases through trial.  If you’re a client and your goal is to go to trial, we’ll take you there too.

Van Severen Law Office is serious about providing misdemeanor battery defense.

The Milwaukee criminal defense attorneys at Van Severen Law Office, S.C. are serious about providing their clients misdemeanor battery defense.  While other attorneys might not take your misdemeanor charges seriously, we do.  We recognize that a misdemeanor has the potential to change your life forever.

Contact us immediately at (414) 270-0202 and let’s schedule a time to sit down and discuss your case.