Assault is a serious issue that is often misunderstood or misinterpreted. It is important to understand what constitutes assault in the eyes of the law and how it is different from a battery charge.
State Laws
Wisconsin state legislation says the following regarding causing physical harm or battery to others:
“Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.
Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.
Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.
Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.
Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.”
What does the above mean in laymen’s terms?
What is Battery?
Essentially in Wisconsin, the battery is defined as using force against someone to injure or harm them. The battery in this state will be charged as a misdemeanor or a felony depending on the degree of bodily harm that is inflicted upon the victim.
What is Assault?
Assault primarily refers to actions that cause another to fear bodily injury, although no physical contact may occur. Therefore, it is possible to be charged with assault even if you don’t touch anyone; however, there are many situations where someone may be wrongly or unlawfully accused of assault. In these cases, it is imperative to seek legal counsel to help combat false allegations.
Charged With Assault?
If you or a loved one has been charged with assault, often the next best step to take is to talk to a criminal defense lawyer. The cost of fines combined with the cost of having a conviction on your record can be detrimental.
At The Law Offices of Jason D. Baltz, we may be able to help with your charges today. Call us today to talk to someone about setting up your defense for your case. (414) 375-0797.