Self-Defense
Defense may focus on whether the accused reasonably believed force was necessary to protect themselves.
Wisconsin Battery Defense Attorney
Avena Law Office, LLC defends substantial battery, aggravated battery, misdemeanor battery, domestic battery allegations, and serious injury cases throughout Madison and South-Central Wisconsin.
Substantial Battery in Wisconsin
Substantial battery is more serious than simple battery because the state alleges substantial bodily harm, such as a broken bone, stitches, concussion, temporary loss of function, or other significant injury.
Under Wisconsin Statute 940.19, substantial battery can be charged as a felony. Attorney Glenn E. Avena reviews the injury evidence, medical records, self-defense issues, witness accounts, and whether the state can prove the required level of harm.
Defense Issues
Defense may focus on whether the accused reasonably believed force was necessary to protect themselves.
Some cases involve protecting a friend, family member, or another person from harm.
The medical evidence may determine whether a case should be charged as substantial battery or a lesser offense.
Statements may conflict, especially when events happened quickly or involved alcohol, crowds, or poor visibility.
The state must prove the required mental state. Accidents and unintended contact can be important.
Surveillance, phone video, body camera, and scene evidence can reshape the case.
Potential Penalties
A conviction can result in prison exposure, jail, probation, fines, restitution, no-contact orders, and a permanent criminal record. Early defense can affect charging decisions, negotiations, trial strategy, and sentencing outcomes.
Serving South-Central Wisconsin
Avena Law Office serves clients in Madison, Dane County, and courts throughout Columbia, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Lafayette, Marquette, Richland, Rock, and Sauk counties.
Free Consultation
If you have been charged with substantial battery in Wisconsin, get legal guidance before discussing the case.
This website is attorney advertising. Past results do not guarantee future outcomes. Contacting the firm does not create an attorney-client relationship.
Local Defense, Local Courts
Avena Law Office, LLC practices out of one Madison office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.
Common Questions
Wisconsin law uses "substantial bodily harm" to describe a defined set of injuries, including a cut that requires stitches, staples, or tissue glue, a broken bone or broken nose, a burn, a concussion, a temporary loss of consciousness, sight, or hearing, and a lost or broken tooth. Whether the reported injury actually meets that definition is a genuine issue in many cases, and the medical records often decide it.
Yes. Substantial battery under Wisconsin Statute 940.19 is charged as a felony, which means prison exposure, a permanent felony record, and loss of firearm rights on conviction. Simple battery, where no substantial injury is alleged, is a misdemeanor. Which one the State files often turns on the medical proof of the injury, so the line between the two charges is frequently something the defense can contest.
Yes. Self-defense is recognized in Wisconsin and applies when you reasonably believed force was necessary to stop an unlawful interference with your person and used only the amount of force that was reasonable. Police often charge whoever is still standing or whoever the other side called about first. Squad and body camera video, bar or street cameras, injuries on both people, and witnesses who saw how it started all matter.
The initial appearance is short. The court tells you the charge and the maximum penalty, sets bond and conditions such as no contact with the alleged victim, and schedules the next date. On a felony you are also given a preliminary hearing date, where the State must show enough evidence for the case to continue. You do not enter a plea to a felony that day, and you should have a lawyer beforehand.
Not on its own. In Wisconsin the district attorney decides whether to file a charge and whether to keep it, and battery cases regularly move forward even when the injured person asks that they not. What that person says can still affect how the prosecutor views the case. If a no-contact condition is part of your bond, do not reach out to them yourself, because contact can add a separate charge.
It is possible, and it is a main goal in many of these cases, but nothing is guaranteed. A reduction usually depends on what the medical records actually show about the injury, whether the evidence supports self-defense or defense of another, your record, and how strong the State's proof is. Building that argument early, before charging decisions harden, gives it the best chance. Free consultation: 608.271.2271.
Free Consultation
Tell the firm what happened. You will get a straight answer about where the case stands and what can be done next, at no cost and in confidence.
Complete the form and Avena Law Office, LLC will review your request.
Free Consultation · Se Habla Español
No cost, no obligation, and nothing you say leaves this office. Attorney Glenn E. Avena reviews the facts himself and tells you plainly what the charge means, what the deadlines are, and what can be done about it.
Weekdays 8:30am–5:00pm. If we are in court, leave your name, your county, and any court date, and the call is returned.