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battery
criminal battery

Wisconsin laws prohibit battery, substantial battery and aggravated battery.

battery

Under Wisconsin laws, a battery occurs when one person causes bodily harm to another by any act done without consent and with the intent to cause bodily harm to that person or another person.

Battery is a Class A Misdemeanor offense.

Battery is commonly referred to as Assault & Battery, with increased severity often noted as charges of Assault & Battery With Force, Assault & Battery With A Deadly Weapon, Assault & Battery With Intent To Cause Death.

substantial battery

Under Wisconsin laws, substantial battery occurs when one person causes substntial bodily harm to another by any act done with intent to cause bodily harm to that person or to another person.

Substantial battery is a Class I Felony offense.

Under Wisconsin laws, any person who is convicted of causing great bodily harm to another person by an act done with intent to cause bodily harm to that person or another person is guilty of a Class H Felony offense.

If the intent was to cause great bodily harm, and the result was great bodily harm being done to the intended victim or antoher person, the crime is a Class H Felony offense.

If the result was great bodily harm to antoher by an act done with an intent to cause great bodily harm to that person or another, the crime is a Class E Felony offense.

If a person intentionally causes bodily harm to another by conduct that creates a sbustantial risk of great bodily harm, the crime is a Class H Felony offense.

Under the common law, upon which Wisconsin laws were created, criminal battery is the direct or indirect intentional unlawful, reckless, or criminally negligent application of force against another person resulting in phsycial harm or offensive touching.

aggravated battery

Aggravated battery is a battery done with criminal recklessness. The aggravating element (circumstances which show utter disregard for human life is intended to cause the statute's interpretation of "conduct evidencing a depraved mind, regardless of life"). State v. Dolan, 44 Wis. 2d 68 (1969); State v. Weso, 60 Wis. 2d 404 (1973).

Unlawful Touching

The mere lack of the victim's consent constitutes an unlawful touching or harm. In some situations, a touching that would otherwise be lawful can constitute battery such as when the touching exceeds the scope of consent or the recipient of the touching is particularly sensitive.

Degree of Harm

The amount of harm done need not be serious for a battery to occur. In fact, slight harm or even an offensive touching can constitute a battery.

Mayhem

The intentional infliction of great bodily harm, unlawful disabling, dismembering, or disfiguring of another person constitutes mayhem. Mayhem charges usually result when body parts have been permanently removed, but such an act is not required.

Mayhem is a Class C Felony offense.

Consent

Consent cannot be given by the victim to have his body parts unlawfully removed. Consent can be given by a person to receive the results of an act that ultimately causes harm so long as the act does not exceed the scope of consent.

Mental State

Battery is an intent crime; under common law principles, the defendant's required mental state is equivalent to recklessness.

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