Avena Law Office, LLC · Madison, Wisconsin

Avena Law Office, LLC

Arrested or cited? A Wisconsin refusal hearing must be requested in 10 days. Call 608.271.2271 for a free consultation.

Wisconsin Battery Defense Attorney

Madison Substantial Battery Lawyer

Avena Law Office, LLC defends substantial battery, aggravated battery, misdemeanor battery, domestic battery allegations, and serious injury cases throughout Madison and South-Central Wisconsin.

Felony Battery DefenseDefense for allegations involving substantial bodily harm and felony exposure.
Self-Defense StrategyReview of force, threat, injuries, witnesses, and surrounding circumstances.
Record ProtectionFocused on protecting employment, housing, licensing, and future opportunities.

Substantial Battery in Wisconsin

Serious Injury Allegations Can Change the Entire Case

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

What Matters in a Substantial Battery Case

Self-Defense

Defense may focus on whether the accused reasonably believed force was necessary to protect themselves.

Defense of Others

Some cases involve protecting a friend, family member, or another person from harm.

Level of Injury

The medical evidence may determine whether a case should be charged as substantial battery or a lesser offense.

Witness Credibility

Statements may conflict, especially when events happened quickly or involved alcohol, crowds, or poor visibility.

Intent

The state must prove the required mental state. Accidents and unintended contact can be important.

Video Evidence

Surveillance, phone video, body camera, and scene evidence can reshape the case.

Potential Penalties

Substantial Battery Can Carry Felony Consequences

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

Madison Substantial Battery Defense Lawyer Serving Wisconsin Courts

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

Talk to a Madison Substantial Battery Lawyer Today

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.

A Wisconsin county courthouse courtroom
A Wisconsin county courthouse courtroom. Photograph by McGhiever, CC BY-SA 4.0 via Wikimedia Commons.

Local Defense, Local Courts

Your case is heard here, by people who work here

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

Substantial Battery Charges in Wisconsin

What counts as substantial bodily harm in a Wisconsin battery case?

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.

Is substantial battery a felony in Wisconsin?

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.

Can I still claim self-defense if I am the one who got charged?

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.

What happens at my first court date on a felony battery charge in Dane County?

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.

Will the charge be dropped if the other person does not want to press charges?

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.

Can a substantial battery charge be reduced to a misdemeanor?

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

Talk to Attorney Glenn E. Avena Today

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.

Nothing to lose by asking The first conversation is free, and it is confidential.
You speak with the attorney Glenn E. Avena reviews the facts himself, not an intake screener.
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