Legal Question in Criminal Law in Wisconsin
assault/battery
what are the laws for assault/battery for wisconsin and what are the different classes
1 Answer from Attorneys
WI Laws Against Assault and Battery
The simple definition of criminal battery in WI is to intentional cause physical harm to another with specific intent to cause that harm and without the victim's consent. However, there are numerous enhancers if the victim or defendant have various characteristics (i.e., a defendant with a bad record or a victim is deemed vulnerable by the law such as juveniles). Going through every possibility would be too long for this forum and reproducing all applicable statutes would exceed ten single spaced pages. Many instances of assaultive conduct can also be charged under totally different statutes outside the realm of battery such as different levels of attempted homicide or endangering safety by conduct regardless of life. Criminal penalties range from 4.5 months in jail for attempted simple battery to life imprisonment for battery leading to death (i.e., first degree intentional homicide). The exact charge which may be applied to any given situation is within the sole discretion of the arresting agency as well as the prosecution (usually the District Attorney for the county in which the act occurred). There are also enumerable similar federal statutes which are usually prosecuted by the United States Attorney for the federal district where the crime occurred. Assaultive behavior can also form the basis for everything from private civil suits seeking money damages to municipal ordinance violations such as disorderly conduct which are prosecuted by city attorneys or other municipal prosecutors.
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