Battery to Law Enforcement, Judges & Protected Persons Defense Lawyer in Wisconsin
harged with Battery to Law Enforcement, Judges, or Other Protected Persons under Wis. Stat. § 940.62? These felony charges are aggressively prosecuted and can result in significant prison time, professional consequences, and long-term restrictions on your rights. Early legal representation is critical.
What the Law Says About Battery to Law Enforcement, Judges & Protected Persons
Under Wis. Stat. § 940.62, Battery to Law Enforcement, Judges, and Other Protected Persons occurs when a person intentionally causes bodily harm to another without consent, and the alleged victim is a member of a statutorily protected class acting in an official or job-related capacity.
The statute distinguishes between two felony levels based on the victim’s role and the circumstances of the alleged conduct:
|
Felony Level |
Applies When |
Examples of Protected Persons |
|---|---|---|
|
Class I Felony – § 940.62(1) |
Bodily harm caused with intent to influence or retaliate against public officers or specific government or education employees |
Public officers, zoning/building inspectors, election officials, municipal or county employees, school-district and technical-college employees, or public-transit operators, drivers, or passengers |
|
Class H Felony – § 940.62(2) |
Bodily harm caused to justice-system, supervision, or regulatory officials or their families |
Judges, prosecutors, law-enforcement officers, attorneys, witnesses or jurors (and their family members), probation or parole agents, DOR/DWD/DSPS employees, firefighters, commission wardens, and health-care providers or staff (and family members) |
(Enacted and renumbered by 2025 Wisconsin Act 24; formerly scattered across §§ 940.20 and 940.203–.207.)
What the State Must Prove to Convict Under Wis. Stat. § 940.62
To secure a conviction for Battery to Law Enforcement, Judges, or Other Protected Persons, the State must prove each of the following elements beyond a reasonable doubt:
- The defendant caused bodily harm to another.
- “Bodily harm” means physical pain, injury, illness, or impairment of physical condition.
- The act was done with intent to cause bodily harm.
- The act was done without the victim’s consent.
- The victim was a “protected person” as defined in § 940.62 (1) or (2).
- The defendant knew or had reason to know the victim’s protected status or that the act was done to influence or retaliate against the victim for performing official duties.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1224 Battery to a Prosecutor or Law Enforcement Officer
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Penalties and Sentencing for Battery to Law Enforcement, Judges & Protected Persons
The penalties for Battery to Law Enforcement, Judges, or Other Protected Persons depend on the subsection charged and the status of the alleged victim. These offenses are classified as felony battery charges and carry mandatory collateral consequences in addition to potential prison exposure.
|
Offense |
Classification |
Maximum Imprisonment |
Maximum Fine |
|---|---|---|---|
|
Battery to public officers, election officials, college employees, and public transit workers – § 940.62(1) |
Class I Felony |
3 years 6 months |
$10,000 |
|
Battery to individuals involved in the court system, law enforcement, probation and parol agents, and health care workers – § 940.62(2) |
Class H Felony |
6 years |
$10,000 |
In addition to criminal penalties, courts may impose extended supervision conditions, probation restrictions, firearm prohibitions, and mandatory DNA submission. Sentence enhancers may apply under Wis. Stat. § 939.63 if a dangerous weapon was used.
Related Battery Offenses in Wisconsin
Battery to Law Enforcement, Judges, and Other Protected Persons 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 how Wisconsin battery offenses are structured is available on our Wisconsin Battery Charges page.
Defenses and Legal Strategies for Battery to Law Enforcement or Protected Persons
Defending against allegations under Wis. Stat. § 940.62 often requires challenging not only the alleged conduct, but also the State’s proof of intent, knowledge, and protected status. Effective defense strategies may include:
Why Hiring a Battery Defense Lawyer Matters
Battery charges involving law enforcement officers, judges, and other protected persons are among the most aggressively prosecuted violent offenses in Wisconsin. These cases often involve heightened scrutiny, institutional interests, body-worn camera footage, and credibility disputes that can significantly influence charging decisions and trial outcomes. Early involvement by experienced defense counsel is critical to protecting your rights and preventing unnecessary escalation of the case.
Battery to Protected Persons Result
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Battery charges involving law enforcement officers, judges, or other protected persons carry severe legal and professional consequences. These cases demand an aggressive, detail-driven defense strategy that accounts for video evidence, credibility disputes, and the heightened scrutiny applied by prosecutors. An experienced defense attorney can intervene early to protect your rights and challenge the State’s case.
Chirafisi Anderson, S.C. represents individuals charged with felony battery and violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.