Madison criminal defense lawyer Robert T. Ruth defends individuals accused of substantial battery in Wisconsin courts. He has been a Wisconsin lawyer since 1993 and has devoted his law firm to criminal defense since then. He is well-versed in all aspects of criminal defense in Wisconsin and federal courts, from the initial stages of a case through direct appeal, petition for review or petition for certiorari and collateral attack. If you stand accused of substantial battery anywhere in Wisconsin, let his experience in the courtroom, along with his commitment to his clients, go to work for you.
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;
temporary loss of consciousness, sight or hearing;
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.