Incidents of fighting from road rage to bar brawls to domestic incidents may often result in charges of battery. For a battery to be charged, an injury must result, The injury may be minor or severe. In fact, the Wis. Court of Appeals ruled in 1999 that the act of throwing urine that strikes another and causes pain constitutes a battery. State v. Higgs, 230 Wis. 2d 1, 601 N.W.2d 653 (Ct. App. 1999).
Depending on the presumed intent of the person accused of a battery and the severity of the injury to the victim of a battery, the prosecutor may charge the conduct as a misdemeanor or a felony.
It is a Class A misdemeanor if a person causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without that person's consent.
It is a Class E felony if a person causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person.
It is a Class D felony to cause substantial bodily harm to another by an act done with intent to cause substantial bodily harm to that person; or to cause great bodily harm to another by an act done with intent to cause bodily harm to that person.
It is also a Class D felony to cause bodily harm to another by conduct that creates a substantial risk of great bodily harm. It is presumed that conduct created a substantial risk of great bodily harm if:
- If the person harmed is 62 years of age or older; or
If the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
Finally, it is a Class C felony to cause great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm.
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