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Milwaukee Assault Lawyers

Defense Attorneys for Assault and Battery Charges in Wisconsin

If you are facing criminal charges for assault or battery, hiring an experienced criminal defense attorney is essential. Assault and related charges, such as sexual assault or domestic battery, can have serious repercussions. In Wisconsin, these crimes are taken seriously, and they are usually prosecuted to the fullest extent of the law. An experienced criminal defense lawyer will be able to provide you with guidance throughout your case, ensuring that your rights are protected every step of the way.

At Gimbel, Reilly, Guerin & Brown, LLP, our attorneys have more than 250 combined years of experience in criminal law. With our knowledge of Wisconsin laws related to assault, battery, sexual assault, domestic violence, and other violent crimes, we can help you build a strong defense against the criminal charges you are facing. We will strive to protect your rights at all times, and we will work to resolve matters successfully by negotiating with prosecutors or defending you at trial.

Understanding Assault and Battery Charges

While the terms "assault" and "battery" are often used interchangeably, they refer to two separate types of offenses. Assault generally refers to the threat to cause an injury or any other actions that may cause a person to reasonably believe that they will suffer harm. While Wisconsin law generally does not recognize assault as a criminal offense, a person may face charges if they threaten to injure someone in an attempt to extort money or force the person to take actions against their will. This offense is a Class H felony.

Most of the time, battery charges will apply in situations where a person is accused of injuring someone else. The offense of simple battery, which is a Class A misdemeanor, may apply in cases where a person intentionally causes bodily harm to another person. A person may be charged with substantial battery, a Class I felony, if they intentionally cause an injury that results in a broken bone, a loss of consciousness, lacerations that require stitches, serious burns, or similar forms of bodily harm. A charge may be elevated to aggravated battery if a person intentionally inflicted great bodily harm on someone else, meaning that the person experienced a substantial risk of death or suffered disfigurement. Aggravated battery is usually charged as a Class H felony, but it may be elevated to a Class E felony in some cases.

Sexual Assault Laws in Wisconsin

If a person is accused of engaging in sexual contact or sexual intercourse with someone without receiving consent, they may face sexual assault charges. Wisconsin recognizes four degrees of sexual assault:

  • First degree sexual assault - This offense involves situations in which a person allegedly inflicted great bodily harm while engaging in sexual intercourse or sexual contact without consent. This charge may also apply if the victim allegedly became pregnant due to sexual assault or if the accused allegedly used or threatened to use a dangerous weapon. This offense is a Class B felony.
  • Second degree sexual assault - This offense may apply if a person is accused of engaging in sexual intercourse or sexual contact without consent through the use of force or the threat of violence. It may also apply in "date rape" situations where the alleged victim was unconscious or was unable to give consent because they were intoxicated. This offense is a Class C felony.
  • Third degree sexual assault - This offense may apply in any other situations where a person is accused of engaging in sexual intercourse without consent, and it is a Class G felony.
  • Fourth degree sexual assault - This offense involves sexual contact, including inappropriate touching, that is committed without receiving consent. It is a Class A misdemeanor.

Charges and Penalties Related to Domestic Battery

If a person is accused of committing battery against their spouse, an unmarried partner, an adult living in their household, or a person with whom they share a child, they may not only face criminal charges for battery, but they may be subject to other penalties as well. In cases where a person is believed to have committed domestic abuse, which may involve the intentional infliction of pain or physical injury, sexual assault, or actions that cause a person to fear that they will suffer harm, police officers are generally required to perform an arrest.

After being arrested on suspicion of domestic abuse, a person cannot be released until they post bail or appear before a judge. After their release, the person will usually be subject to a 72-hour prohibition against contacting the alleged victim or entering their residence. This order will be required unless the alleged victim signs a waiver. If a person intentionally violates a no-contact order, they may be sentenced to up to nine months in prison and fined up to $10,000, in addition to any penalties related to criminal charges for battery.

Contact Our Milwaukee, WI Assault and Battery Defense Attorneys

At Gimbel, Reilly, Guerin & Brown, LLP, we understand how difficult it can be to face charges related to assault and battery. We are here to provide experienced legal representation for individuals facing criminal charges in Wisconsin. Our attorneys have the skills and resources necessary to help protect your rights as you navigate the criminal justice system. If you or someone you know is facing criminal charges involving assault, battery, sexual assault, or domestic violence, do not hesitate to contact us today at 414-271-1440 and set up a consultation where we can discuss your options for defense.

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