Madison Battery Defense Lawyer
Battery is a
common misdemeanor offense in Wisconsin criminal courts. Simple
battery, which is a battery that does not cause substantial bodily
harm or worse, is Class A misdemeanor punishable by up to a $10,000
fine and 9 months in jail. Most people think of battery as a punch,
but it is not limited to a punch. Any act done with intent to cause
bodily harm may qualify as a battery. For example, choking,
kicking, scratching or twisting may all qualify as a battery if it
is done with the intent to cause bodily harm, it causes bodily harm
and it is done without consent of the person harmed. Simple
Battery is defined in the Wisconsin criminal law at section
940.19(1) as follows:
(1) Whoever 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 is
guilty of a Class A misdemeanor.
Arrested for Battery
In a domestic situation, most arrests for battery include a trip
to the jail. If the arrest only involves misdemeanor
charges, you will have a chance to post a bond that night.
If you cannot post bond or the arrest includes a felony, you
have to sit in jail until you appear before a judge to set bond.
In a non-domestic situation, the officer may just issue a
misdemeanor citation with a court date on it. Do not
think that this is merely a ticket. If it says "Wisconsin
Uniform Misdemeanor Citation," it is a criminal charge and you
or your attorney will need to appear in court at the date on the
citation. Failure to appear means the judge will issue a
warrant for you.
The officer may
inform you of a 72 hour no contact provision. This means
that you may not have any contact with the person identified on
the form for 72 hours. To have any sort of conduct
contrary to this order is a separate crime.
The first court
is called the initial appearance. You usually receive a
complaint at the initial appearance that tells you the charge
and the basic facts alleged in the case. The
judge also sets bond conditions at the initial appearance.
You or your attorney will have an opportunity to be heard on the proposed bond
conditions. If the judge sets a signature bond, previously
posted money will be returned.
No Contact Order
domestic cases the prosecution asks for a bond condition that
prohibits contact with the alleged victim and or no contact with
the alleged victim's residence. If you have a
no contact order, even if the alleged victim is a spouse or
lives in the same house, you bear the burden of staying away
from the person. If you have a no contact condition and
have contact with the forbidden person, you are the one who gets
in trouble. No contact orders, particularly when the
prevent you from returning to your home, can create a
substantial hardship. If you are in a position to hire a
lawyer in a criminal case, sooner is almost always better than
later. In a domestic case, however, where there is a risk
that the state will request a no contact order, it is
particularly important to have a lawyer at the bond hearing to
fight the request for a no contact order.
There are many potential defenses to
a battery charge. Call Madison criminal defense lawyer Robert
T. Ruth at 608-257-2540 for a free consultation if you need a
battery defense attorney in any Wisconsin court.