Misdemeanor Battery Defense Lawyer in Wisconsin

Charged with Misdemeanor Battery under Wis. Stat. § 940.60(1)? Even a first-offense conviction can result in jail time, fines, and a permanent criminal record. Early legal representation can be critical to protecting your rights and avoiding unnecessary consequences.

What the Law Says About Misdemeanor Battery in Wisconsin

Under Wis. Stat. § 940.60(1) (Formerly codified at Wis. Stat. § 940.19), Battery occurs when a person 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.

What the State Must Prove to Convict on a Misdemeanor Battery Charge

To convict on a Misdemeanor Battery charge in Wisconsin, the prosecution must prove each element beyond a reasonable doubt.

  1. The defendant caused bodily harm to another.
    • “Bodily harm” means physical pain, injury, illness, or impairment of physical condition.
  2. The defendant intended to cause bodily harm.
  3. The act was done without the victim’s consent.
  4. The defendant knew the victim did not consent.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1220 Battery.

Penalties and Sentencing for Misdemeanor Battery in Wisconsin

Misdemeanor Battery is classified as a Class A misdemeanor under Wisconsin law and carries potential jail time and significant collateral consequences, even for first-time offenders.

Beyond the statutory penalties, a misdemeanor battery conviction can result in employment barriers, background-check issues, housing difficulties, and immigration consequences.

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Defenses and Legal Strategies for Misdemeanor Battery Charges

Misdemeanor Battery cases frequently turn on disputed facts, credibility assessments, and whether the State can prove intent and lack of consent beyond a reasonable doubt. Effective defense strategies may include:

  • Self-defense or defense of others — showing lawful use of force.
  • Consent or mutual confrontation — establishing that contact was consensual.
  • Lack of intent — proving the act was accidental.
  • Credibility challenges — highlighting inconsistent or unreliable witness statements.
  • Unlawful police conduct — suppressing statements or evidence obtained improperly.

Related Battery Offenses in Wisconsin

Misdemeanor Battery is part of Wisconsin’s broader battery offense framework, which includes charges that escalate based on injury severity, intent, and the status of the alleged victim. A full overview of Wisconsin battery laws and how these charges differ is available on our Wisconsin Battery Charges page.

Related battery offenses include:

  • Substantial Battery – § 940.60(2)
  • Aggravated Battery – § 940.60(3)
  • Battery by Prisoner or Person Subject to an Injunction – Wis. Stat. § 940.61
  • Battery to Law Enforcement, Judges & Protected Persons – § 940.62

Why Hiring a Battery Defense Lawyer Matters

Even though Misdemeanor Battery is not a felony, a conviction can still carry serious and lasting consequences. Jail time, probation conditions, no-contact orders, and a permanent criminal record can affect employment, housing, and professional licensing. Early involvement by an experienced defense attorney can often determine whether a case is dismissed, reduced, or resolved without a conviction.

Local Experience matters. The attorneys at Chirafisi Anderson, S.C. regularly defend battery cases throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Green, Iowa, and Sauk Counties. Familiarity with local charging practices, judges, and prosecutors allows us to anticipate how misdemeanor battery cases are handled in each jurisdiction.

Proven track record of results. Our firm has obtained dismissals, acquittals, and charge reductions in battery and other violent-crime prosecutions throughout Wisconsin. From pre-trial motions to jury trials, we know how to expose weaknesses in the State’s case – whether it involves lack of intent, self-defense, or unreliable witness statements.

Recognized legal excellence. Attorneys at Chirafisi Anderson, S.C. are recognized by Super Lawyers® and are active members of respected state and national criminal defense organizations, reflecting a commitment to high-quality advocacy in every case.


Misdemeanor Battery Case Results

  • Battery and Disorderly Conduct – Sauk County (May 2023)

    Result: All Charges Dismissed
  • Domestic Battery – Dane County (July 2022)

    Result: Amended to Non-Criminal Citation
  • Battery & Disorderly Conduct – Green County (June 2022)

    Result: Case Dismissed

View more case results from the attorneys at Chirafisi Anderson, S.C.


Contact Chirafisi Anderson, S.C.

A misdemeanor battery charge can have consequences that extend far beyond the courtroom. Jail exposure, probation conditions, no-contact orders, and a permanent criminal record can affect your employment, housing, and future opportunities. An experienced defense attorney can intervene early to protect your rights and pursue the best possible outcome.

Chirafisi Anderson, S.C. represents individuals charged with misdemeanor battery and other battery offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.

Frequently asked questions – Misdemeanor Battery in Wisconsin

Yes. It’s a Class A misdemeanor, which is a criminal charge in Wisconsin and will appear on background checks.

Yes. Weak evidence on intent, consent, or injury can lead to dismissals or reductions to disorderly conduct.

Mutual combat or consent can negate the “without consent” element.

Yes. Reasonable force to protect yourself or another person may justify your actions.

Most cases resolve within three to six months, depending on motions and court scheduling.