Self Defense in Battery Cases

When a claim of self-defense is made by the defendant, both the conduct of the victim and the defendant, as well as the defendant’s perceptions and state of mind at the time of the incident, are critical.  The defendant generally may introduce facts or evidence of all circumstances underlying the battery which may shed light on the incident and on the defendant’s state of mind at the time.

The basis of the defense of self-defense is real or apparent necessity. Evidence of the alleged victim’s character or reputation for violence may be offered by the defense either to prove that the alleged victim was the actual aggressor, or to show the accused’s good faith and reasonable apprehension of danger at the time.

There are two sub-issues regarding the accused’s belief:

(1) whether the accused did in fact fear imminent bodily harm, and if he/she did,
(2) whether his/her fear was reasonable.

Evidence of an alleged victim’s violent character may be relevant on both points.

The accused’s state of mind is a crucial factor in self-defense cases.  Therefore, evidence that the accused knew the alleged victim had been violent in the past helps explain to the jury the belief that self defense was necessary at the time, and helps the jury decide whether the defendant did, in fact, have a bona fide apprehension of the victim and did act as a reasonably prudent person would have acted under similar beliefs and circumstances.

In addition, In order to get a conviction, the State would have to prove beyond a reasonable doubt that: 

• the accused’s belief that the alleged victim unlawful interfered was unreasonable
• the amount of force the accused used stop this unlawful interference was unnecessary

FELONY BATTERY

There are different “classes” or levels of severity for Felony Battery charges.  Classes range from E to I, with E being the worse.  Generally speaking, the greater the degree of harm intended, the more serious the charge and sentencing consequences. 

Class-I Felony Battery

To get a Class-I Felony Battery conviction, the State must prove beyond a reasonable doubt that you did all of the following: 

• caused substantial bodily harm
• with intent and
• without consent

Substantial bodily harm refers to any injury that causes stitches, staples, bone fracture, broken nose, loss of consciousness, a concussion, or loss of a tooth.

Penalties: if you get a Class-I Felony Battery conviction, you face up to 3 1/2 years in prison and a fine up to $10,000.

Class-H Felony Battery

With a Class-H Felony Battery, the State must prove to the jury beyond a reasonable doubt that you:

• caused great bodily harm
• with intent to cause harm, and
• without consent

Great bodily harm is defined by Wisconsin Statutes as an injury that creates a substantial risk of death or causes serious and permanent disfigurement or the loss of use or impairment of an organ or appendage.

Penalties: a conviction of Class-H Felony Battery carries the potential for a sentence of up to 6 years in prison and $10,000 in fines.

Class-E Felony Battery

The elements the State must prove for a Class-E Felony Battery conviction are that you:

• caused great bodily harm to another
• with intent to cause great bodily harm, and
• without consent

Penalties: You face up to 15 years in prison and fines reaching up to $50,000 if you get a Class-E Felony Battery conviction.

MISDEMEANOR BATTERY

A Class-A Misdemeanor Battery charge requires that the State prove, beyond a reasonable doubt, that you did all of the following:

• caused bodily harm to another
• with intent to cause the harm and
• without consent

Penalties: The maximum penalties for Class-A Misdemeanor Battery are a $10,000 fine and 9 months in jail.

Visit our Cases Fought & Won page to see some of our Battery Case Victories, which include:

• Aggravated Battery (Felony)
• Battery to Police Officer + Disorderly Conduct
• Battery to Police Officer + Possession of THC + Disorderly Conduct