Milwaukee Assault and Battery Attorney

Experienced Defense Against Assault & Battery Charges in Milwaukee County

If you or someone you know has been charged with assault and/or battery in the Milwaukee area, you should be seeking professional legal help from a reliable and competent defense attorney. As a Milwaukee criminal lawyer, I may assist you with an effective criminal defense strategy. I focus my practice on representing clients in all types of criminal cases in the greater Milwaukee area, including those involving assault and battery, including aggravated assault, and domestic battery.

Are you facing an assault and battery charge in Wisconsin? Our Milwaukee assault and battery lawyer is ready to represent you. Contact The Law Offices of Jason D. Baltz today at (414) 375-0797 or reach out online to begin your defense! 

Defenses to Assault, Battery & Aggravated Assault Charges in Milwaukee

When facing charges of assault, battery, or aggravated assault in Milwaukee, it is crucial to understand the available legal defenses. Your defense may involve arguments such as self-defense, defense of others, lack of intent, accident, or mistaken identity. As experienced assault attorneys in Milwaukee, we carefully examine all the facts, police reports, and evidence to identify the best legal approach tailored to your circumstances.

One of the most effective ways to defend an assault or battery case in Milwaukee is to leverage legal standards and local court experience. For example, when self-defense is raised, Wisconsin law sets specific requirements—local courts might consider factors like the neighborhood context, the behavior of all parties involved, and whether any previous altercations occurred in that part of Milwaukee. As an aggravated assault defense attorney in Milwaukee, I work alongside my clients to locate witnesses and present evidence highlighting the circumstances.

What to Expect After an Arrest in Milwaukee

Understanding the process after an assault or battery arrest in Milwaukee can help you make informed decisions and minimize stress. If you are arrested for assault, battery, or aggravated assault in Milwaukee County, you’ll likely be taken to a Milwaukee Police Department district station before being processed at the Milwaukee County Jail. Your first court appearance at the Milwaukee County Courthouse is crucial, as bail and the formal charges are set. It is at this point that contacting an assault lawyer in Milwaukee for immediate representation can significantly benefit your case.

Throughout the legal process, local guidelines and expectations matter. Milwaukee courts may have quick timelines for hearings, and local prosecutors often move expeditiously in cases involving violent offenses. During hearings, including preliminary hearings and pretrial motions, my role as your battery lawyer in Milwaukee is to challenge the evidence, advocate for your interests, and ensure procedural fairness.

Assault vs Battery: Understand the Difference Wit Our Assault Attorney in Milwaukee

Assault and battery are two separate criminal charges which are often lumped together. So what is the difference between assault vs battery?

The term "assault and battery" is often used to describe the crime of battery. In Wisconsin law, however, battery is defined as using force against someone with the intent to injure them. Assault generally refers to an action that causes another to fear bodily injury, though no physical contact may occur.

So, is battery a misdemeanor or felony? The crime of battery, under Wisconsin law, will be charged as a misdemeanor or a felony depending on the degree of bodily harm that is inflicted upon the victim.

What are the Penalties for Assault & Battery in Wisconsin?

Since Wisconsin law does not specifically address “assault,” it can be charged was disorderly conduct, which is a Class B misdemeanor that carries a maximum jail sentence of 90 days and/or a fine of up to $1,000. However, assault may also be charged as threatening to harm someone, which is a Class H felony that punishable by imprisonment for up to 6 years and/or a maximum fine of $10,000.

The following is a breakdown of the battery charges in Wisconsin:

Simple battery – Defined as the intentional use of force or violence against another person without their consent and causing physical harm. This offense is a Class A misdemeanor, which can result in up to 9 months of jail time and fines up to $10,000.

Substantial battery – Defined as causing great or substantial bodily harm or other significant injury such as permanent disfigurement. This type of offense is usually considered a Class I felony charge with more severe penalties than simple battery, including up to 3 ½ years in prison and/or fines up to $10,000.

Aggravated battery – When someone intentionally causes serious bodily harm, uses a dangerous weapon (such as a firearm), or commits the act with intent to steal or commit great bodily harm. This offense is a Class H felony.

What Constitutes Significant Injury or Bodily Harm?

If substantial injury or great bodily harm is caused, you may be charged with a felony. So what constitutes a significant injury or bodily harm? Great bodily harm means that the victim may have died, suffered serious permanent disfigurement, the impairment of a bodily organ or function permanently or for a lengthy period of time. How you are charged will depend on the facts of your case, including what happened to the alleged victim and what your intentions toward the alleged victim were at the time of the incident.

Contact Our Milwaukee Assault & Battery Lawyer Today

Throughout a criminal trial, the prosecutor or law enforcement officials sometimes get carried away with showing proof of guilt and finding evidence that they end up compromising the constitutional rights of the alleged offender. With a strong legal ally by your side, you can prevent that from happening and have someone continuously watching out for you and protecting your best interests.

Regardless of the charges you may be facing, you do have options. Don’t lose hope, being arrested does not mean that you are guilty of the crime. By consulting with me, Attorney Jason Baltz, I can evaluate your case and suggest the proper plan of action and help form an impenetrable defense strategy. Having the counsel of a capable defense attorney is your first and often the most important step you can take in handling the charges against you.

Contact the Law Offices of Jason D. Baltz today to schedule a FREE Consultation with a Milwaukee assault and battery lawyer! 

Frequently Asked Questions

How quickly should I contact a Milwaukee assault attorney after an arrest?

It is essential to reach out to an assault attorney in Milwaukee as soon as possible after an arrest. Timing profoundly impacts your rights and the viability of various defense strategies. Early representation allows your Milwaukee assault lawyer to give strategic guidance on interacting with law enforcement and ensures you do not accidentally compromise your defense. Proactive legal counsel means your attorney can gather time-sensitive evidence, locate and interview relevant witnesses, and manage conversations with the Milwaukee County District Attorney’s office or local courts. Timely legal support can also bolster your prospects for favorable bail and adherence to court-imposed deadlines. 

At The Law Offices of Jason D. Baltz, I respond promptly to new inquiries and act quickly to protect your interests if you are charged or under investigation for assault or battery in Milwaukee.

What role does the Milwaukee County District Attorney play in my assault or battery case?

The Milwaukee County District Attorney (DA) is responsible for evaluating evidence collected by local law enforcement, making charging decisions, and prosecuting your case in court. After an arrest, police forward their investigation results to the DA’s office, where prosecutors decide if and how to proceed. The DA has discretion to pursue formal charges, offer plea agreements, or decline prosecution if evidence is lacking. 

An effective assault attorney in Milwaukee will open communication with the DA at the earliest opportunity, negotiate for alternatives to prosecution when appropriate, and ensure your legal rights are maintained throughout the proceedings. Understanding local DA policies and practices is critical to mounting a successful defense in Milwaukee courts.

Can assault or battery charges be reduced or dismissed in Milwaukee courts?

Yes—assault, battery, or aggravated assault charges in Milwaukee may be reduced or dismissed under certain circumstances. This could occur when evidence is weak or conflicting, if legal or procedural errors are found, or if effective negotiation with the Milwaukee County District Attorney’s office prompts an alternative resolution. As an experienced aggravated assault defense attorney in Milwaukee, I thoroughly analyze case details and challenge the prosecution’s case on every valid legal ground. 

Whether by demonstrating procedural missteps, presenting new evidence, or exposing discrepancies in witness accounts, I aim to secure the most beneficial outcome for you. Every assault and battery case in Milwaukee is unique, and I ensure your defense is crafted with your best interests in mind from start to finish.

Schedule your first consultation with us today. Let us handle your assault or battery case.