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Assault

A criminal assault is the intentional infliction of apprehension of a battery or an attempted battery upon another person, depending upon the jurisdiction where the incident occurred.

In jurisdictions where criminal assault is defined as an intent to cause a person to expect a battery, the intent must exist and it must be possible for a battery to occur. The actor must have intended to do that act which resulted in apprehension (or battery), and some type of harm must have been possible. Additionally, the victim must have been aware that a battery was about to occur, the battery must have been immediately possible, and the degree of force threatened must have been to such a degree that harm would have occured if the battery had been committed. In order for the victim to have apprehension of harm, the victim must be aware that a harm may occur.

Conversely, in jurisdictions where assault is defined as an attempted battery, the victim need not be aware of the impending battery.

Aggravated Assault

An assault committed with a deadly weapon is an aggravated assault. A deadly weapon is any weapon that has the propensity to cause death, which includes guns and knives, as well as any other objective that is used for an unlawful purpose or in a manner that can cause death.

Simple Assault

An assault committed without a deadly weapon (or an object used in a manner that is unlawful or that makes it deadly), or not in conjunction with another criminal purpose is a simple assault.

Merger of Assault Into Battery

In all jurisdictions where an assault is an attempted battery, a completed criminal assault merges into criminal battery, and the actor is charged with one crime - battery.

A Failed Assault - Attempted Assault

If a person attempts to commit an assault, but fails, most jurisdictions will hold the attempt as a completed act (a completed assault or an attempted battery). A failed attempt or the inability to complete the act is not a defense.

Contact Van Wagner & Wood

Van Wagner & Wood, S.C.
608-284-1200

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Offices of Van Wagner & Wood

Van Wagner & Wood's office is located at Martin Luther King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside of the first circle surrounding the capitol building. You can park under the building by entering the parking lot from Doty Street. If you park under 10 East Doty, the offices of Van Wagner & Wood will validate your parking ticket so that you do not have to pay to park. If the parking ramp is full, there are numerous parking places surrounding 10 East Doty, as well as a public parking ramp on State street.

Appeals & Serious Crimes - Homicide - Murder

Van Wagner & Wood's criminal defense lawyers handle appeals to both the Appellate Court and the Supreme Court, as well as both state and Federal court systems for people convicted of a crime who believe their conviction or sentence were wrong. Most often, the appeals that they handle are to federal court because very few attorneys handle these types of appeals; Attorney Chris Van Wagner was a US Attorney in Wisconsin before entering private practice. Often times, people from across the United States hire Attorney Van Wagner for a Federal or a state appeal for serious crimes including homicide, RICO (Racketeering), felony murder, negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin Supreme Court for charges or convictions stemming from a Wisconsin trial.

Federal Crimes

Drug Crimes

Adams (Adams, Wisconsin Dells), Ashland (Ashland), Barron (Barron), Bayfield (Washburn, Bayfield), Buffalo (Buffalo City, Mondovi), Burnett (Siren), Chippewa (Chippewa Falls), Clark (Abbotsford), Columbia (Columbus), Crawford (Prairie du Chien), Dane (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Douglas (Superior), Dunn (Menomonie), Eau Claire (Abbotsford, Eau Claire), Grant (Mount Hope, Lancaster, Fennimore), Green (Monroe), Iowa (Mineral Point, Dodgeville), Jackson (Black River Falls), Jefferson (Jefferson), Juneau (Mauston), La Crosse (LaCrosse, Lafayette, Darlington), Marathon (Wausau), Monroe (Sparta), Pepin (Durand), Pierce (River Falls), Polk (St Croix Falls), Portage (Stevens Point), Price (Park Falls), Richland (Richland Center), Rock (Janesville), Rusk (Ladysmith), St Croix (Hudson), Sauk (Sauk City), Taylor (Medford), Trempealeau (Whitehall), Washburn (Spooner), and Wood (Wisconsin Dells) counties.

Drunk Driving (OWI, DUI, DWI)

Sexual Assault & Sex Crimes