Domestic Battery With a Weapon in Wisconsin: Definition, Penalties, and Sentencing

Updated by Stangl Law on October 24, 2019

two red and gold bullets in the barrel of a silver gun

A charge for battery domestic violence in Wisconsin is done under essentially the same facts as a regular battery domestic violence case but comes along with a greater penalty, due to the domestic abuse enhancer or weapon.

It’s important to recognize that a "weapon" under Wisconsin law, can be just about any object; it’s not restricted to knives and guns. Picture frames, sticks, cost hangers and garbage bags – just about any household object can be classified as a weapon in a battery domestic violence case.

If you lose your cool and throw a potted plant at your spouse, live-in partner or ex, you could be charged with domestic battery violence with the use of a deadly weapon.

Keep reading to learn more about penalties for domestic violence in Wisconsin, as well as ideas for possible defense against domestic battery charges with a weapon.

Read Also: Arrested on Suspicion of Domestic Battery in Wisconsin? Here's What to Do Next

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What to Expect if You're Convicted of Domestic Battery Violence in Wisconsin

The potential penalties you risk if you're found guilty of domestic battery violence with a weapon will depend upon whether or not bodily harm was inflicted.

Under Wisconsin law, a battery domestic violence offense with a deadly weapon which does not result in substantial bodily harm is considered a felony with two to 10 years in state prison and a fine of $10,000.

Whereas, a conviction of battery domestic violence with a deadly weapon where substantial bodily harm found to have been caused is considered a felony punishable up to 15 years in prison and a fine of $10,000 in Wisconsin.

Read Also: Appealing a Conviction After Pleading Guilty to Domestic Battery in Wisconsin: A Success Story

Wisconsin Takes Tougher Stance on Cases Involving Weapons

As a measure to strengthen the domestic violence laws in the state of Wisconsin, Republican Representative Garey Bies proposed a bill to mandate that domestic violence offenders must surrender their weapons.

It is now the law in Wisconsin, and under Federal law, 18 U.S.C. § 922(g)(9), anyone convicted of a domestic violence involving a deadly weapon or threatened use of a deadly weapon is permanently prohibited from receiving or possessing a firearm.

Read Also: How Do I Get My Gun or Seized Weapon Back in Wisconsin?

How to Defend Against Domestic Battery with a Weapon

Allegations of domestic violence with a weapon can result in an arrest and/or restraining orders often before a thorough investigation is done.

These types of cases can be a challenge to defend as it’s typically a he-said-she-said situation without a clear picture of what really happened. It may even be a matter of a child custody dispute or jealousy due to a new relationship when the existing relationship has ended. It’s not uncommon for a jealous lover to seek revenge.

If you’ve been accused and arrested for battery domestic violence with a weapon, it’s wise to consult with an experienced defense attorney. This legal professional can protect you against charges made due to improper motivations and will mount a strong defense on your behalf.

Possible Defense Against Domestic Battery Charges

While your individual defense strategy should depend upon the specific details of your case and be discussed with a qualified criminal defense attorney, there are a number of common possible defenses you might find of interest:

  • You did not actually use the weapon to cause the bodily harm
  • You acted in self-defense of yourself or another
  • You did not act willfully or with the required intent
  • False accusation due to improper and unlawful motivations
There is a tendency for those charged with battery domestic violence offense with a weapon to think that they will only receive probation. This is a flawed assumption. Even as a first-time offender, you will face some jail time. Plus, you’ll have a criminal record that can affect your employment and lifestyle.

Don’t take a quick plea offer without first consulting with an experienced Wisconsin criminal defense lawyer, and be sure to keep any digital information and store receipts that may be relevant to the charge. Your attorney may be able to use these as part of your defense.

An experienced domestic violence attorney will thoroughly and meticulously examine the facts of your case and develop the best defense strategy to obtain the best possible legal outcome.


FREE Battery Defense Consultation

Since 1991, Wisconsin Criminal Defense Attorney Patrick J. Stangl has been skillfully defending clients accused of domestic abuse, battery and just about every other charge you can imagine.

If you're facing charges of battery, substantial battery, or aggravated battery in Wisconsin with or without an enhanced charge, Attorney Stangl is happy to extend to you an invitation for a free 15-minute consultation at no obligation to discuss your case and help examine your options for defense. Click below to request your free consultation.

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Topics: Battery Charges, Weapons Charges



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