3 Things You Need to Know about Battery in Milwaukeeby Attorney Carlos Gamino on 06/03/14
There are four different classifications of battery under Wisconsin law, and if you’re being charged with one of them, there are three big things you need to know. Your Milwaukee criminal defense attorney will walk you through several important points and give you case-specific advice, but it pays to have a little background before you even talk to a lawyer.
What is Battery in Wisconsin?
Battery falls under four categories:
· Simple battery
· Substantial battery
· Aggravated battery
· Battery with substantial risk of great bodily harm
The categories are based on severity and the outcome of what happened. For most people, it’s a good idea to talk to a lawyer as soon as possible – before even talking to police.
Battery in Milwaukee: What You Need to Know
There are three big things you need to know about battery charges in Milwaukee:
1. If you’re charged with battery against a person who’s
over the age of 62 or has a physical disability that you know about, Wisconsin
law assumes that there was a substantial risk of great bodily injury.
The law is pretty clear-cut, and what that means is that if you batter someone who falls into those categories, you can automatically be charged with substantial battery.
2. Sometimes people who were forced to defend themselves in a fight end up being charged with battery.
That doesn’t mean you should panic, though. Your Milwaukee battery defense lawyer will be able to listen to your story and find out what really happened – and he or she will be there with you in court to represent you and protect your rights.
3. Intent can make a huge difference; the intent to cause harm and the intent to cause great bodily harm, to be specific.
Class H felony battery and Class E felony battery are differentiated by how much harm you intended to cause. For example, if you intended to cause harm, but not great bodily harm, you could be charged with a Class H felony. If you intended to cause great bodily harm, you could be charged with a Class E felony. The key isn’t necessarily in how much harm you actually caused – it’s in how much you intended to cause.
Because no two cases are the same, it’s essential that you consult with a Milwaukee criminal defense lawyer as soon as possible if you’re being charged with battery.