Contact Van Severen Law Office at (414) 270-0202 to discuss your Wisconsin criminal case
Wisconsin battery charges include both misdemeanors and felonies. One common form of felony battery in Wisconsin is called substantial battery. Whereas misdemeanor battery requires “bodily harm,” substantial battery requires that the victim receive “substantial bodily harm.”
Substantial battery is a Class I felony. That means that upon a conviction for this offense, a defendant faces a maximum penalty of 3.5 years prison and $10,000.00 in fines. Importantly, the entire 3.5 years prison isn’t “in” time. Instead, felonies in Wisconsin carry bifurcated penalties – the maximum term of initial confinement is 1.5 years, followed by a maximum term of extended supervision of 2 years. No mandatory minimum penalty applies to substantial battery charges, so prison is not required. Jail time, a fine, or probation are all possible sentences for this offense.
Substantial battery had two versions prior to February 1, 2003: “with intent to cause bodily harm” and “with intent to cause substantial bodily harm.” Currently, in order to be charged with substantial battery, a defendant only needs to intend to cause bodily harm. What’s the difference? “With intent to cause substantial harm” is more difficult to prove. The government was required to show that the defendant actually intended to cause the higher level of harm. Now, all that needs to be shown is the defendant intended to cause some bodily harm.
At Van Severen Law Office, S.C., our criminal defense attorneys dedicate their entire practices to defending charges just like this. Substantial battery, aggravated battery, misdemeanor battery (a Class A misdemeanor), and other violent criminal charges are common for the defendants we represent throughout Wisconsin. Our criminal defense attorneys are comfortable fighting these charges. Contact us at (414) 270-0202 to speak with our staff about options in your case, or how to proceed with our firm.
(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.
“Substantial bodily harm” means an injury to the body that includes a laceration that requires stitches/staples/a tissue adhesive, any fracture of a bone, a broken nose, a burn, a temporary loss of consciousness/sight/hearing, a concussion, or a loss or fracture of a tooth.
“Bodily harm” (referring to “with intent to cause bodily harm”) means physical pain or injury, illness, or any impairment of the victim’s physical condition.
Finally, considering the statute and the simple definitions we included, this is a relatively straightforward criminal charge. You’ll quickly notice that consent isn’t relevant to a substantial battery charge. This is a significant change from misdemeanor battery, which requires that the victim did not consent to the bodily harm. Instead, whether or not the victim consented (“Hit me!”) has no impact on criminal charges. That all being said, a creative criminal defense attorney should be able to use in a way that benefits his client.
What is an example of this offense?
Matt walks up to Ben and punches him. As a consequence of this punch, Ben suffers a broken nose. Obviously Matt intended to cause pain to Ben when he punched him.
The reason this case is not misdemeanor battery, but instead substantial battery, is because of the broken nose. Felony battery requires that the defendant caused substantial bodily harm to the victim. The definition of substantial bodily harm is “a laceration that requires stitches, staples, or a tissue adhesive; any fracture of any bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight, or hearing; a concussion; or a loss or fracture of a tooth.” Wis. Stat. sec. 939.22(38)
A broken nose qualifies as “substantial bodily harm” in Wisconsin, and could result in substantial battery criminal charges. Contact Van Severen Law Office, S.C. to speak with our criminal defense attorneys about your charges, your case, and your options. We’re available 24/7 at (414) 270-0202.
What are the elements of substantial battery? Wisconsin Criminal Jury Instruction 1222
The elements of this violent crime are provided in Wisconsin JI-Criminal 1222. Accordingly, those jury instructions indicate the elements of the crime that the State must prove:
Firstly, the defendant caused substantial bodily harm to the victim;
Secondly, the defendant intended to cause bodily harm to the victim.
“Cause” means that the defendant’s act was a substantial factor in producing the result. “Intent to cause bodily harm” means that the defendant had the mental purpose to cause bodily harm to another human being, or was aware that his conduct was practically certain to cause bodily harm to another human being.
Jury instructions are important to us for a few reasons. Most importantly, courts use them to instruct juries on various issues. Jury instructions break crimes down into elements, or parts, of an offense. The government must prove each element beyond a reasonable doubt. Criminal defense attorneys use jury instructions when analyzing how to fight a case. They’re also helpful in conversations with clients regarding the charges they’re facing.
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Substantial battery in domestic violence situations
Frequently we encounter substantial battery charges that occur during a domestic violence incident. While we recognize that substantial battery is already a felony (and therefore carries significant collateral consequences), a DV conviction results in additional penalties on its own. For all criminal charges, a DV conviction adds a lifetime ban on the defendant’s ability to possess a firearm for the rest of his life (again, already the case for a felony).
Additionally, a domestic violence modifier adds financial penalties.
Van Severen Law Office provides the very best criminal defense
The criminal defense attorneys at Van Severen Law Office, S.C. regularly represent individuals fighting substantial battery charges. Substantial battery is a Class I felony in Wisconsin, meaning the potential consequences of a conviction are serious and include the potential to be sent to prison. We believe that one of the best ways to avoid such a result is to hire one of Wisconsin’s best criminal defense lawyers to help fight your case.
We’ve been fighting substantial battery cases for decades. Our firm dedicates 100% of its resources to helping individuals in positions just like yours. We recognize the battle you’re fighting and we’re prepared to help.
To speak with one of our skilled criminal defense attorneys, contact our firm at (414) 270-0202.
