Battery by Prisoner or Certain Persons Defense Lawyer in Wisconsin
Charged with Battery by Prisoner or Battery by Certain Persons under Wis. Stat. § 940.61? Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Battery by Prisoner or Certain Persons
Wisconsin law imposes enhanced criminal penalties for certain battery offenses when the accused has a heightened legal duty to refrain from violence, such as individuals confined in custody or those subject to a court-issued injunction.
Under Wis. Stat. § 940.61, Battery by Prisoner or Certain Persons is divided into two distinct categories based on the defendant’s legal status at the time of the alleged offense:
- Battery by Persons Subject to an Injunction (§ 940.61(1)). This offense applies when a person who is subject to a domestic abuse or harassment injunction intentionally causes bodily harm to the petitioner who sought the injunction. This charge is classified as a Class I felony.
- Battery by Prisoners or Committed Persons (§ 940.61(2)). This offense applies when a person confined in a state prison, county jail, municipal detention center, or secured mental health facility intentionally causes bodily harm or a soft tissue injury to another inmate, visitor, employee, or officer. This charge is classified as a Class H felony.
What the State Must Prove
Battery by Persons Subject to an Injunction
To convict a defendant of Battery by a Person Subject to an Injunction under Wis. Stat. § 940.61(1), the State must prove each of the following elements beyond a reasonable doubt:
- The alleged victim petitioned for a domestic abuse or harassment injunction against the defendant.
- The defendant was subject to that injunction at the time of the alleged incident.
- The defendant intentionally caused bodily harm to the petitioner.
- The bodily harm occurred without the victim’s consent.
- The defendant knew the victim had petitioned for the injunction and that the victim did not consent to the harm.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1229 Battery by Person Subject to an Injunction.
Battery by Prisoner or Committed Person
To convict a defendant of Battery by a Prisoner or Committed Person under Wis. Stat. § 940.61(2), the State must prove each of the following elements beyond a reasonable doubt:
- The defendant was a prisoner or confined person in a state prison, county jail, municipal detention center, or mental health facility.
- The defendant intentionally caused bodily harm or a soft tissue injury to another person (officer, employee, visitor, or inmate).
- The alleged victim was an officer, employee, visitor, or another inmate of the facility.
- The injury occurred without consent.
- The defendant knew the person’s status and knew that the person did not consent.
A “prisoner” includes any person confined as a result of a criminal law violation, including individuals detained for competency proceedings, committed following a finding of not guilty by reason of mental disease or defect, or serving a criminal sentence.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1228 Battery by Prisoner.
Penalties for Battery by Prisoner or Certain Persons in Wisconsin
The penalties for Battery by Prisoner or Battery by a Person Subject to an Injunction depend on the defendant’s legal status at the time of the alleged offense. These charges carry enhanced felony consequences due to the custodial or court-restricted context in which they arise.
|
Offense |
Classification |
Maximum Penalty |
Statutory Reference |
|---|---|---|---|
|
Battery by Person Under Injunction |
Class I Felony |
Up to 3 ½ Years Imprisonment and $10,000 Fine |
Wis. Stat. § 940.61(1) |
|
Battery by Prisoner or Committed Person |
Class H Felony |
Up to 6 Years Imprisonment and $10,000 Fine |
Wis. Stat. § 940.61(2) |
In addition to criminal penalties, these cases may result in institutional discipline, loss of privileges, adverse classification decisions, or other collateral consequences separate from the criminal court process.
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Related Battery Offenses in Wisconsin
Battery by Prisoner or Certain Persons is part of Wisconsin’s broader battery offense framework, which includes charges based on injury severity, intent, and the legal status of the accused or alleged victim. A full overview of Wisconsin battery offenses is available on our Battery Charges page.
Commonly related battery offenses include:
Defenses and Legal Strategies for Battery by Prisoner or Certain Persons Charges
Battery charges under Wis. Stat. § 940.61 are highly dependent on intent, consent, and the defendant’s legal status at the time of the alleged incident. Effective defenses often focus on whether the State can meet the statute’s heightened proof requirements.
Check out some of the results the attorneys at Chirafisi Anderson, S.C. have obtained in criminal cases: Criminal Case Results
Why Hiring a Battery Defense Lawyer Matters
Charges under Wis. Stat. § 940.61 carry consequences that extend well beyond a typical battery allegation. These cases often arise in custodial or court-restricted settings, where accusations are made quickly, investigations are conducted internally, and defendants face both criminal prosecution and institutional discipline. Early involvement by experienced defense counsel is critical to protecting your rights and limiting long-term consequences.
Contact Chirafisi Anderson, S.C.
Battery by Prisoner and injunction-based battery charges carry serious criminal, institutional, and reputational consequences. These cases require a defense strategy that accounts for both the criminal court process and the custodial or court-restricted setting in which the allegations arose. An experienced defense attorney can challenge the State’s evidence, protect your rights, and work to limit long-term consequences.
Chirafisi Anderson, S.C. represents individuals charged with Battery by Prisoner and related felony battery offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.