Physical Abuse of a Child Lawyer in Wisconsin

Charged with physical abuse of a child in Wisconsin? These allegations carry serious felony consequences and often involve complex medical evidence and factual disputes. Contact our office today to schedule a free, confidential consultation.

(608) 250-3500

What the Law Says About Physical Abuse of a Child

Under Wis. Stat. § 948.03, physical abuse of a child occurs when a person intentionally causes bodily harm or great bodily harm to a child who has not attained the age of 18. The statute distinguishes between different levels of harm and different mental states, with penalties increasing significantly when the alleged conduct results in great bodily harm or creates a high probability of such harm.

Wisconsin law treats physical abuse of a child as a serious felony offense because of the vulnerability of children and the potential for lasting injury. Charges may arise from a single incident or from allegations involving medical findings, third-party reports, or interpretations of parental discipline that the State claims crossed the line into criminal conduct.

Physical abuse allegations often involve emotionally charged accusations and complex factual disputes. At Chirafisi Anderson, S.C., we represent individuals facing physical abuse of a child charges by carefully examining the evidence, the nature of the alleged injuries, and whether the State can actually prove the specific statutory elements required for conviction.

Key Points About Physical Abuse of a Child Charges in Wisconsin

Physical abuse of a child is governed by Wis. Stat. § 948.03 and applies to alleged victims under the age of 18.
The statute distinguishes between bodily harm and great bodily harm, with significantly different felony exposure depending on the level of injury alleged.
Charges may be based on intentional conduct, reckless conduct, or a failure to act by a person responsible for the child’s welfare.
Intentional physical abuse cases commonly rely on medical evidence, photographs, expert opinions, and third-party reports rather than direct eyewitness testimony.
Parental discipline is not automatically criminal, but Wisconsin law places limits on the nature and degree of force that may be used.
Physical abuse allegations often arise alongside other proceedings, including CHIPS cases, custody disputes, or related criminal investigations.

What the State Must Prove in a Physical Abuse of a Child Case

To obtain a conviction for physical abuse of a child based on intentional conduct, the State must prove each required element beyond a reasonable doubt. The specific elements depend on whether the allegation involves bodily harm or great bodily harm, as set out in Wis. Stat. § 948.03(2) and the corresponding jury instructions.

Intentional Causing of Great Bodily Harm

Wis JI–Criminal 2108

The defendant caused great bodily harm to the alleged victim.
The defendant intentionally caused great bodily harm, meaning the defendant acted with the mental purpose to cause that harm or was aware the conduct was practically certain to cause that result.
The alleged victim was under the age of 18 at the time of the alleged offense.

Intentional Causing of Bodily Harm

Wis JI–Criminal 2109

The defendant caused bodily harm to the alleged victim.
The defendant intentionally caused bodily harm, meaning the defendant acted with the mental purpose to cause bodily harm or was aware the conduct was practically certain to cause that result.
The alleged victim was under the age of 18 at the time of the alleged offense.

f the State fails to prove any one of these elements beyond a reasonable doubt, the jury must return a verdict of not guilty on the charged offense.

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Penalties and Potential Sentencing Exposure for Physical Abuse of a Child

Physical abuse of a child charges carry serious felony penalties in Wisconsin, with sentencing exposure increasing based on the level of harm alleged, the defendant’s mental state, and whether the State alleges repeated acts involving the same child. The table below outlines the most common charging theories and corresponding felony classifications.

Alleged Conduct	Statutory Basis	Felony Class	Maximum Penalties*
Intentional causing great bodily harm	§ 948.03(2)(a)	Class C felony	Up to 40 years imprisonment and up to $100,000 fine
Intentional causing bodily harm	§ 948.03(2)(b)	Class H felony	Up to 6 years imprisonment and up to $10,000 fine
Intentional bodily harm creating a high probability of great bodily harm	§ 948.03(2)(c)	Class F felony	Up to 12 years and 6 months imprisonment and up to $25,000 fine
Reckless causing great bodily harm	§ 948.03(3)(a)	Class E felony	Up to 15 years imprisonment and up to $50,000 fine
Reckless causing bodily harm	§ 948.03(3)(b)	Class I felony	Up to 3 years and 6 months imprisonment and up to $10,000 fine
Failure to act to prevent great bodily harm	§ 948.03(4)(a)	Class F felony	Up to 12 years and 6 months imprisonment and up to $25,000 fine
Failure to act to prevent bodily harm	§ 948.03(4)(b)	Class H felony	Up to 6 years imprisonment and up to $10,000 fine
Repeated acts of physical abuse involving the same child	§ 948.03(5)	Class A–E felony (varies)	Up to life imprisonment depending on harm and number of violations

*Maximum penalties reflect Wisconsin statutory maximums and do not account for sentencing enhancements, consecutive sentencing, or collateral consequences.

Common Scenarios Leading to Physical Abuse of a Child Charges

Physical abuse of a child charges can arise from a wide range of circumstances, and not every investigation involves intentional harm. Understanding the factual context behind an allegation is often critical to evaluating how and why a case was charged.

Allegations arising from discipline or corporal punishment that is claimed to have exceeded reasonable force.
Reports triggered by medical examinations, including unexplained injuries, fractures, or bruising identified by healthcare providers.
Accusations based on statements from a child, family member, teacher, or other mandatory reporter.
Situations involving household stress, custody disputes, or family conflict, where allegations arise during heightened emotional circumstances.
Investigations following CHIPS proceedings or referrals from child protective services to law enforcement.

Physical abuse allegations often develop quickly and escalate before all facts are fully understood, making early and careful evaluation of the evidence critical.

Defenses and Legal Strategies for Physical Abuse of a Child Charges

Physical abuse of a child cases often involve contested facts, disputed medical conclusions, and differing interpretations of intent and injury. An effective defense focuses on whether the State can meet its burden under the specific subsection charged and whether recognized defenses or statutory limitations apply to the alleged conduct.

Parental discipline privilege – Wisconsin law recognizes an affirmative defense for reasonable parental discipline. To overcome this defense, the State must prove beyond a reasonable doubt that the force used was not reasonably necessary, was excessive in amount or nature, or created a substantial risk of great bodily harm or death.
Lack of intent – Intentional physical abuse charges require proof that the defendant acted with the purpose to cause harm or with awareness that the conduct was practically certain to cause harm. Evidence may support that an injury was accidental or unintended.
Disputed medical evidence – Allegations often rely heavily on medical opinions regarding the cause, timing, or severity of injuries, which may be subject to alternative explanations or expert disagreement.
Recklessness versus intent – The distinction between intentional and reckless conduct can significantly affect both the charge and potential penalties, and the evidence may not support the level of culpability alleged.
Failure-of-proof issues – The State must prove the specific level of harm alleged, whether bodily harm or great bodily harm, and failure to establish that threshold requires acquittal or reduction of the charge.
Credibility and investigative flaws – Inconsistencies in witness statements, delayed reporting, or shortcomings in the investigation can undermine the reliability of the State’s case.

Why Hiring a Physical Abuse of a Child Defense Lawyer Matters

Facing a physical abuse of a child charge places an individual at risk of serious felony penalties, long-term consequences, and collateral proceedings that can affect family relationships and parental rights. These cases often move quickly and involve parallel investigations by law enforcement, child protective services, and medical professionals. Early legal representation is critical to ensure that allegations are evaluated accurately and that the case is positioned appropriately from the outset. Decisions made at the earliest stages can have lasting consequences on both the criminal case and related proceedings.

Serious Felony Defense Experience. Physical abuse of a child allegations are prosecuted aggressively and frequently involve high-level felony exposure. Experience handling serious criminal cases is essential when the potential penalties include lengthy prison sentences and permanent consequences.

Careful Evaluation of Medical and Factual Evidence. These cases often depend on medical findings, expert opinions, and interpretations of injury causation. A disciplined approach to evaluating medical records, timelines, and underlying facts is critical to understanding the strength of the State’s case.

Wisconsin Court and Child Abuse Case Familiarity. Physical abuse cases frequently intersect with CHIPS proceedings and other family-related matters. Familiarity with how Wisconsin courts handle child abuse allegations allows the defense to anticipate procedural issues and guide clients through each stage with clarity.

View Criminal Case Results from the Attorneys at Chirafisi Anderson, S.C.

Talk to a Physical Abuse of a Child Defense Lawyer Today

A physical abuse of a child charge can carry severe felony penalties and long-term consequences that extend beyond the criminal case itself. If you are under investigation or have been charged, it is critical to understand your legal position as early as possible. Contact our office today to schedule a free, confidential consultation and discuss your options.

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Frequently Asked Questions About Physical Abuse of a Child Charges in Wisconsin

Yes. Physical abuse of a child under Wis. Stat. § 948.03 is charged as a felony, with the class of felony depending on the level of harm alleged and the mental state attributed to the conduct.

Bodily harm includes physical pain or injury, illness, or impairment of physical condition. Great bodily harm involves injuries that create a substantial risk of death, cause serious permanent disfigurement, or result in permanent or protracted loss or impairment of bodily function.

Wisconsin law recognizes an affirmative defense for reasonable parental discipline. The State must disprove this defense beyond a reasonable doubt by showing the force used was unreasonable, excessive, or created a substantial risk of great bodily harm or death.

No. Charges may be based on intentional conduct, reckless conduct, or an alleged failure to act to prevent harm. The mental state alleged can significantly affect both the charge and potential penalties.

Yes. Allegations involving repeated acts of physical abuse against the same child within a specified period can substantially increase felony exposure, including the possibility of life imprisonment in the most serious cases.