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The Crime of Battery in Wisconsin

Posted on in Criminal Defense
Wisconsin defense attorney, Wisconsin criminal lawyer, Milwaukee violent crimes lawyerWhether your team wins or loses, highly anticipated sporting events often make people do things and say things that are out of their general character. In addition to spikes of OWI arrests after large sporting events, there is often a measurable increase in crimes of battery. An example of this occurred recently after the Wisconsin-Indiana football game.

The Incident

The incident occurred after the October 3rd game between the Hawkeyes and the Badgers, at which the Hawkeyes defeated the Badgers by a score of 10-6. As a 15-year-old boy wearing Iowa Hawkeyes apparel was leaving the stadium with his friends, a Wisconsin fan allegedly punched him in the face. According to the boy, he was “mildly” teasing his friend (a Badgers fan) about the Iowa win when the man approached him, punched him in the face, and then fled into the crowd. The police have not caught the man.

The UW-Madison Police Department has classified this as a battery, and has asked the community for help finding the attacker. Although the boy suffered only minor scrapes and bruises, the police department issued a statement priding Badgers fans as being respectful to all fans, and noting that it is great sportsmanship that makes Badger game days one of the most well-known traditions in the nation.

Although the press release was sternly worded and the police are serious about maintaining proper decorum during college football games, it is highly unlikely anybody will be arrested for the battery on the 15-year-old Iowa fan, as the description given was of a 20-25 year old male wearing a red shirt and jeans, which matches literally thousands of people at the stadium on any given game day.

What If the Suspect Is Caught?

If the police do make an arrest in this case, the alleged perpetrator will be likely be charged with battery. In Wisconsin, a person can be charged with battery if (s)he causes bodily harm to another person by performing an act with the intent to cause bodily harm to that person or a third person, without the consent of the person harmed. Put more simply, if you hurt somebody intentionally and also intended the resulting harm to that person (or another person), you can be charged with battery. Being charged with simple battery in Wisconsin is a Class A misdemeanor. There is a higher battery charge in Wisconsin, called substantial battery, and there are also aggravated battery charges, but this incident would not rise to those levels, as thankfully the boy’s injuries are minor. A Class A misdemeanor conviction is still punishable with up to nine months in jail, as it is the most serious of all misdemeanor charges.  It could also come with a $10,000 fine.

Were You Arrested for Fighting at a Sports Event?

People make mistakes, especially when emotions are running high, like they do before, during, and after a major sporting event. If you were in an altercation at a sporting event or other public event and you are now being charged with battery, the skilled Milwaukee criminal defense attorneys at our office are ready to protect your rights and fight for your freedom. Call us today at 414-271-1440 or send us an e-mail for a consultation.

Sources:

https://washingtonpost.com//early-lead/wp/2015/10/05/wisconsin-fan-punches-15-year-old-iowa-fan-in-the-face-after-badgers-loss/

http://uwpd.wisc.edu/incident_reports/battery-investigation-at-camp-randall/

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