In conversation, the terms “assault” and “battery” are often interchangeable, and many people believe that they’re the same offense. However, criminal law makes a few crucial distinctions between them, which can have significant consequences for anyone facing these charges. Below is a guide to the differences between assault and battery under the Wisconsin criminal code.

The Difference Between Assault & Battery

Assault

Contrary to how it is often used, an assault does not always involve physical contact with the victim. Instead, the word describes any action intended to intimidate someone with a credible threat of bodily harm. In most cases, assault is a misdemeanor offense, carrying penalties of up to one year in jail and significant fines.

Battery Offenses

Charges of battery include any action in which someone strikes another to cause bodily harm. To qualify as battery, the victim doesn’t necessarily need to suffer lasting damage, so scuffles and fights can result in misdemeanor charges.

However, if the victim is seriously injured, Wisconsin criminal law gives prosecutors the option of charging the defendant with substantial or aggravated battery, both of which are felonies. Substantial battery charges happen if the victim suffers significant injuries, such as broken bones, concussions, or wounds that require medical care. If the action resulted in grievous physical injuries, including the possibility of death, lost limbs, or permanent impairment, the defendant would likely face aggravated felony charges, which carry a maximum 15-year sentence and up to $50,000 in fines.

With over 50 years of experience with criminal law, the attorneys at Scott & Heenan fight for the rights of defendants throughout the Platteville, WI, area. They understand how serious and frightening being accused of a crime is, and will strive to achieve the best possible outcome for your case. Visit their website for more on their criminal law services, or call  (608) 348-9506 to consult with an accomplished attorney today.