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The Charge of Substantial Battery
There are many different types of battery in Wisconsin. As such, you can be charged with battery and be facing either misdemeanor charges or felony charges. One type of felony battery in Wisconsin is known as substantial battery. If you are facing substantial battery felony charges, it is imperative you reach out to an attorney for immediate assistance.
Substantial Battery as Defined
The most important thing for you to understand about substantial battery is that the prosecutor does not need to prove that you intended to cause substantial bodily harm. All the prosecutor needs to show is that you intended to cause any bodily harm, and that suffices. It used to be that the prosecutor was required to prove that you intended to cause the “substantial” harm that resulted, rather than just any level of harm. That was a much easier standard to defend, especially since many times people lash out in the heat of the moment and the damage caused is far greater than what was intended.
What Is Substantial Battery?
Substantial battery is a felony in Wisconsin, and is charged when somebody sustains a substantial bodily harm because of your actions. Substantial bodily harm is defined in the law as a bodily injury that requires stitches or staples or other adhesive, a fracture or break in a bone, a concussion, a broken nose or tooth, a burn, or any loss of sight, hearing, or consciousness. If you are charged with substantial battery, it is a Class I felony, which means you could be facing a potential fine of $10,000, up to 3.5 years in prison, or both.
When Is Substantial Battery Usually Charged by the Prosecutor?
It is common to face charges of substantial battery after public fistfights, fights between former friends, unarmed gang brawls, and especially domestic violence incidents. Domestic violence charges often carry special considerations and additional charges, which also mean additional penalties may be faced in those circumstances. While the domestic violence scenario often carries the highest punishment in a substantial battery case, all substantial battery cases are serious, and carry potential jail sentences.
Let Us Provide You with Aggressive Defense
Substantial battery is a very serious crime to be charged with, but there are many options available to defend against this charge. The lawyers at our firm will work diligently from the outset to have the charges lowered to misdemeanor battery if not dropped altogether. If that is not successful, we may be able to negotiate a plea deal that minimizes any possible prison time and penalty. Ultimately, if you are charged with substantial battery in Wisconsin, you need to begin defending yourself immediately through knowledgeable legal counsel who has successfully handled similar claims. Don’t hesitate to reach out to our skilled Milwaukee criminal defense attorneys for a consultation on your case. Source: https://docs.legis.wisconsin.gov/statutes/statutes/940/II/19/4
