{"id":24687,"date":"2020-09-21T21:42:10","date_gmt":"2020-09-21T21:42:10","guid":{"rendered":"https:\/\/sfrench-law.com\/test2\/?page_id=24687"},"modified":"2024-11-06T20:07:27","modified_gmt":"2024-11-06T20:07:27","slug":"battery","status":"publish","type":"page","link":"https:\/\/sfrench-law.com\/MilwaukeeCriminalDefenseAttorney\/battery\/","title":{"rendered":"Battery"},"content":{"rendered":"\t\t
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Assault Battery<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Milwaukee Assault & battery Defense Lawyers<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Wisconsin Criminal Attorneys Defending Clients in Milwaukee, Waukesha, and Across Wisconsin<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div><\/div>\r\n\t\t<\/section>\r\n\t\t\t\t
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\"\"<\/p>

Battery charges<\/strong> are defined in Chapter 940 of the Wisconsin Statutes.\u00a0 Depending on the circumstances underlying the incident in question, battery charges may be prosecuted in Wisconsin as a misdemeanor or a felony.\u00a0 Both are serious criminal charges that can result in significant penalties and jail time.<\/p>

If the alleged victim is a romantic partner or someone you live with, or someone with whom you have a child in common, the prosecutor will likely add a domestic abuse penalty enhancer to the battery charge, increasing the seriousness of the consequences.<\/p>

Attorney Sydne French’s background in clinical and research psychology (in child and adult populations) makes her particularly skilled at detecting false allegations commonly associated with domestic battery cases<\/strong>.\u00a0 Whether the motivation underlying the false domestic battery accusation is to gain advantage in divorce or custody proceedings, or simply based on vindictiveness, Attorney French has the background and experience to expose the true nature of the accusations.<\/p>

Our firm is known for our aggressive defense against these types of charges.\u00a0 Visit our Cases Fought & Won page and see some of the battery cases we\u2019ve won for our clients.<\/p>

If you or a loved one has been charged with a violent crime such as battery, do not hesitate to contact us today to schedule a free, no pressure consultation in our Waukesha office<\/strong> or Milwaukee office<\/strong>.\u00a0 We have day and evening appointments available seven days per week for your convenience.<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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Self Defense in Battery Cases<\/strong><\/p>

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\u2019s perceptions and state of mind at the time of the incident, are critical.\u00a0 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\u2019s state of mind at the time.<\/p>

The basis of the defense of self-defense is real or apparent necessity. Evidence of the alleged victim\u2019s 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.<\/p>

There are two sub-issues regarding the accused\u2019s belief:<\/p>

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

Evidence of an alleged victim\u2019s violent character may be relevant on both points.<\/p>

The accused’s state of mind is a crucial factor in self-defense cases.\u00a0 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 <\/strong>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.<\/p>

In addition, In order to get a conviction, the State would have to prove beyond a reasonable doubt that:\u00a0<\/p>