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Madison WI Substantial Battery Defense Lawyer
Attorney
Substantial
battery in Wisconsin is found in section 940.19(2) of the Wisconsin
criminal law. It is a Class I felony, punishable by up to 3 years 6
months prison and a fine of up to $10,000. An act that causes
bodily harm, done with intent to cause bodily harm and without
consent, is a battery. A substantial battery is the same as a
battery, except that consent is not a defense to substantial battery
and a substantial battery requires proof that the act done with
intent to cause bodily harm actually caused substantial bodily
harm. The WI criminal law defines substantial bodily harm as bodily
injury that causes any of the following:
laceration that requires stitches, staples, or a tissue adhesive;
any
fracture of a bone;
broken
nose;
burn;
petechia;
temporary
loss of consciousness, sight or hearing;
concussion;
or a loss
or fracture of a tooth.
To prove the WI
criminal charge of substantial battery, the state needs to prove all
of the following beyond a reasonable doubt:
That the
defendant caused substantial bodily harm as defined above. In this
context, cause means that the defendant’s act was a substantial
factor in producing the substantial bodily harm.
That the
defendant intended to cause bodily harm at the time of the act that
caused the substantial bodily harm. “Bodily harm” means physical
pain or injury, illness, or any impairment of physical condition.
Intent in this situation means that the defendant had the mental
purpose to cause bodily harm to another person or was aware that his
or her conduct was practically certain to cause bodily harm to
another person.
It is a defense
to substantial battery if the state cannot show beyond a reasonable
doubt that the bodily harm in question was “substantial” as defined
by the statute. Such a defense defeats the substantial battery
charge, which is a felony under Wis law, but if the other elements
of battery are proven beyond a reasonable doubt, the defendant would
be guilty of misdemeanor battery.
Self-Defense is
a potential defense on the charge of substantial battery. The law
of self-defense permits a defendant to threaten or use force against
other under the following circumstances:
The
defendant believed that there was an actual or imminent unlawful
interference with the defendant’s person; and
The
defendant believed that the amount of force the defendant used or
threatened to use was necessary to prevent or terminate the
interference; and
The
defendant’s beliefs were reasonable.
Call Madison
criminal lawyer Robert T. Ruth at 608-257-2540 for a free
consultation if you need a substantial battery defense lawyer in
Wisconsin. |
