Under Wisconsin law, the crime of “assault with a deadly weapon” is not defined directly in those terms. In fact, the crimes of “assault” or “aggravated assault” don’t exist under Wisconsin law. Crimes that would normally fall under the assault category fall under the legal definition of “battery.” Battery is the charge used for “battery,” “aggravated battery,” “domestic violence,” “simple assault” and “aggravated assault” (the charge that is most commonly used when someone is guilty of assault with a deadly weapon).
Dangerous Weapon According to Wisconsin Law
According to Wisconsin statute §939.22(10), a dangerous weapon is defined as follows: "Dangerous weapon means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm."
Definition of Great Bodily Harm in Wisconsin
Under Wisconsin law “great bodily harm” is defined as a bodily injury which has a substantial risk of resulting in death, serious disfigurement or a protracted and/or permanent loss or impairment of bodily functions, function of an organ or any other serious bodily injury.
Penalties
|
Crime |
Description |
Max. Incarceration |
Max. Fine |
|
Battery Misdemeanor |
|
9 months in jail |
$10,000 |
|
Substantial Battery with Intent to Cause Bodily Harm (Class I Felony) |
|
3 years and 6 months in prison |
$10,000 |
|
Substantial Battery with Intent to Cause Substantial Bodily Harm (Class D Felony) |
|
25 years in prison |
$100,000 |
|
Aggravated Battery with Intent to Cause Bodily Harm (Class E Felony) |
|
15 years in prison |
$50,000 |
|
Aggravated Battery with Intent to Cause Great Bodily Harm (Class D Felony) |
|
25 years in prison |
$100,000 |
Plea Options
Anyone charged with battery, the charge for assault with a deadly weapon, can plead either guilty--and a trial will be waived other than to determine penalty--or not guilty and a trial will follow to determine guilt and set sentencing and penalties. There may be circumstances where the prosecutor will offer a plea deal, allowing the defendant to plead guilty for a lesser charge, but this is at the discretion of the prosecutor. This is also the option of “no contest” where the defendant doesn’t admit to guilt or claim innocence. In this case a trial is still held to determine guilt or innocence.
Contact a Legal Professional
Being found guilty of assault with a deadly weapon in the state of Wisconsin can have serious penalties. It is in your best interest to acquire the services of a knowledgeable criminal defense attorney.
