Battery charges can be very serious. Even if you are facing misdemeanor charges, you are still facing possible jail time and a host of other impacts on your life. However, there are defenses that you may be able to use against the charges and mitigating circumstances that could lessen any potential punishment. If you have been charged with battery, the experienced criminal defense lawyers at Hogan Eickhoff can help you present the strongest possible legal defense.
What Is Battery?
Wisconsin law states that:
“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.”
From this statutory definition, you can begin to understand the elements that a prosecutor must prove to demonstrate that battery occurred. Essentially, the prosecutor must prove the following:
- One must cause bodily harm to another
- There must have been an intent to cause bodily harm
- The person who was harmed did not give their consent for the act to occur
Battery is a crime that requires the prosecutor to prove intent to win a conviction. Simply stated, if you did not have the intent to commit battery, you cannot be convicted in court.
Arguing Self-Defense in Response to Battery Charges
One of the most common ways that one may fight battery charges is by arguing that they were acting in self-defense. Under Wisconsin law, self-defense is an affirmative defense that you would need to prove in order to be acquitted of the charges against you. Self-defense is an admission that you actually caused bodily harm to another. However, you could not have acted with the proper intent because you were using physical force to protect yourself from harm.
The self defense statute states that:
“A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.”
However, you do not have an unlimited right of self-defense whenever you deem it to be necessary. Instead, self-defense would be limited to the following circumstances:
- You had a reasonable belief that you were being unlawfully interfered with (the court would look at the objective circumstances and what a reasonable person would have believed had they been faced with your situation)
- You use a reasonable amount of force to address the situation (for example, you cannot use deadly force when you may not have believed that your life was in danger)
The amount of force that you can use is generally proportional to the danger that you face. You can only use deadly force when you reasonably believe that you are in danger of great bodily harm or death.
Although Wisconsin does not have a “duty to retreat” law, a jury may still consider whether you knew of a possible escape and had an opportunity to retreat before using force in self-defense.
The Prosecutor Must Essentially Disprove Your Defense
If you are arguing self-defense in response to battery charges, the prosecutor would have the burden of proof to disprove your defense. If they cannot come up with evidence that successfully challenges your defense, you would be acquitted at trial. Your attorney may argue self-defense at the outset of the criminal case against you.
In many cases, the prosecutor would decide whether to charge you with battery at the conclusion of an investigation. If there is even a possibility that you may argue self-defense, the prosecutor would be very careful about lining up their own evidence before they file an indictment. If you hire a criminal defense attorney early in your case, your lawyer may engage with the prosecutor before charges are filed to tell your side of the story.
Your criminal defense attorney’s early engagement, explaining any mitigation circumstances and outlining your defenses, could lead to reduced charges or even you not being charged at all. Therefore, it is essential to hire a criminal defense attorney soon after any incident when you first learn that you are being investigated. If you have been arrested for battery, it is crucial to hire a criminal defense lawyer immediately.
In addition to self-defense, you may also argue that you did not intend to commit any harm. It is not possible to commit battery accidentally. For example, you may not have intended to make any physical contact with the other party. You may have had your arms out and did not seek to strike someone else.
Mitigating Circumstances When You Have Been Charged with Battery
There may also be mitigating circumstances that either a prosecutor or judge may consider when weighing your case. Your criminal defense attorney would effectively tell your story to make sure that they are heard.
Some mitigating circumstances may include:
- Any unusual circumstances surrounding the incident
- The lack of a prior criminal history
- The amount of harm that was done to someone else
- Any cooperation with law enforcement
- Your age at the time of the incident
Mitigating circumstances may make the prosecutor more likely to offer you an advantageous plea bargain should you choose to negotiate. They could also result in a lesser sentence should you plead guilty or be convicted of the crime. It is up to you to tell the most effective possible story, and you could do so with the help of a criminal defense attorney.
Contact an Appleton Criminal Defense Lawyer Today
If you are being investigated on suspicion of committing a crime or you have been arrested, it is vital that you get immediate legal help. Contact the experienced criminal defense attorneys at Hogan Eickhoff today to learn more about your legal rights and how we can help you. Our lawyers are available to speak with you at all times. You can schedule a free initial consultation by calling us today at 920-450-9800.