Aggravated Battery Defense Lawyer in Wisconsin
Charged with Aggravated Battery under Wis. Stat. § 940.60(3)? This felony offense can lead to prison and a permanent criminal record. Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Aggravated Battery in Wisconsin
Under Wis. Stat. § 940.60(3), a person commits Aggravated Battery if they cause great bodily harm to another with the intent to cause either bodily harm or great bodily harm.
(Formerly codified at Wis. Stat. § 940.19(5).)
Depending on the defendant’s alleged intent, Aggravated Battery may be charged as either a Class H Felony or a Class E Felony. Prosecutors determine the charging level primarily based on the intent attributed to the defendant at the time of the act, not solely on the severity of the resulting injury.
What the State Must Prove to Convict on an Aggravated Battery Charge in Wisconsin
To convict on an Aggravated Battery charge, the State must prove each element beyond a reasonable doubt:
- The defendant caused great bodily harm to another person.
- “Great bodily harm” means injury that creates a substantial risk of death, or that causes serious permanent disfigurement, protracted loss or impairment of any bodily member or organ, or other serious bodily injury.
- The defendant intended to cause bodily harm or great bodily harm (depending on the subsection).
Unlike misdemeanor battery, consent is not a statutory element of Aggravated Battery.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1224 Aggravated Battery.
Penalties and Sentencing
The maximum penalties for Aggravated Battery depend on the charged subsection, though the sentence imposed in a particular case is determined by the court based on the facts and circumstances presented.
|
Subsection |
Charge |
Classification |
Maximum Penalty |
|---|---|---|---|
|
§ 940.60(3)(a) |
Intent to cause bodily harm resulting in great bodily harm |
Class H Felony |
6 years prison + $10,000 fine |
|
§ 940.60(3)(b) |
Intent to cause great bodily harm resulting in great bodily harm |
Class E Felony |
15 years prison + $50,000 fine |
|
§ 940.60(3)(c) |
Conduct creates risk of great bodily harm |
Class H Felony |
6 years prison + $10,000 fine |
When determining sentence length and probation eligibility, courts commonly consider the extent of the injuries, whether a weapon was used, the circumstances of the incident, and the defendant’s prior criminal record.
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Related Battery Offenses in Wisconsin
Aggravated Battery is part of a broader framework of battery offenses under Wisconsin law. Additional battery charges, including misdemeanor and substantial battery offenses, are explained in our overview of Wisconsin battery charges.
Defenses and Legal Strategies
Aggravated Battery cases often turn on disputed issues of intent, causation, and the severity of the alleged injuries. Effective defense strategies focus on whether the evidence supports the charged offense or a lesser-included alternative.
Why Hiring a Battery Defense Lawyer Matters
Facing an Aggravated Battery charge is a serious legal matter with potentially life-altering consequences. These cases often involve complex questions of intent, disputed medical evidence, and aggressive prosecution strategies. Early involvement by an experienced defense attorney can significantly impact how the case is charged, negotiated, and ultimately resolved.
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An Aggravated Battery charge can have permanent consequences for your freedom, career, and reputation. You do not have to face these allegations alone. An experienced defense attorney can evaluate the evidence, challenge the State’s claims, and protect your rights at every stage of the case.
Chirafisi Anderson, S.C. represents individuals charged with serious violent felony offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.