Substantial Battery Defense Lawyer in Wisconsin
Charged with Substantial Battery under Wis. Stat. § 940.60(2)? This felony offense carries potential prison time and a permanent criminal record. Early legal representation can be critical to challenging the injury allegations and protecting your future.
What the Law Says About Substantial Battery
Under Wis. Stat. § 940.60(2), a person commits Substantial Battery if they cause substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another.
(Formerly codified at Wis. Stat. § 940.19(2).)
This offense elevates a simple battery to a Class I Felony based on the seriousness of the injury.
What the State Must Prove to Convict on a Substantial Battery Charge
To convict a defendant of Substantial Battery under Wis. Stat. § 940.60(2), the State must prove each of the following elements beyond a reasonable doubt:
- The defendant caused substantial bodily harm to another person.
- “Substantial bodily harm” means bodily injury that causes a laceration requiring stitches, a bone fracture, a broken nose, a burn, a temporary loss of consciousness, sight, or hearing, or a concussion or other injury of a substantial nature.
- The defendant intended to cause bodily harm to that person or another.
Consent is not a statutory element under § 940.60(2), though lack of intent or self-defense may arise as defenses.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1222 Substantial Battery.
Penalties and Sentencing for Substantial Battery in Wisconsin
Substantial Battery is classified as a Class I felony under Wisconsin law. A conviction carries significant prison exposure and long-term collateral consequences.
- Up to 3 years six month imprisonment
- Up to $10,000 in fines
- Probation, jail time, community service, and/or court-ordered counseling
- Felony conviction consequences, including loss of firearm rights, voting restrictions while incarcerated, and serious employment and housing barriers
Sentencing decisions are influenced by the severity of the injury, the circumstances of the incident, prior criminal history, and whether the court finds aggravating or mitigating factors.
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Related Battery Offenses in Wisconsin
Substantial Battery is part of Wisconsin’s broader battery offense framework, which classifies charges based on injury severity, intent, and the status of the alleged victim. A full overview of battery laws and how these offenses differ is available on our Wisconsin Battery Charges page.
Defenses and Legal Strategies for Substantial Battery Charges
Substantial Battery cases often hinge on medical evidence, causation, and whether the State can prove both intent and the statutory level of injury. Effective defense strategies focus on challenging the elements that elevate the charge to a felony.
Why Hiring a Battery Defense Lawyer Matters
A Substantial Battery charge is a serious felony that can permanently alter your future. These cases often turn on disputed medical evidence, competing narratives, and whether the alleged injuries meet the statutory threshold required to elevate the charge. Early involvement by experienced defense counsel can be critical to preventing overcharging and protecting your rights.
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A Substantial Battery charge is a felony offense with consequences that can follow you for life. Prison exposure, a permanent criminal record, and long-term impacts on employment and housing make it critical to take these charges seriously from the outset. An experienced defense attorney can intervene early to challenge injury allegations and protect your future.
Chirafisi Anderson, S.C. represents individuals charged with Substantial Battery and other battery offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.