While many people string these two terms together into one phrase, the law assigns them distinct meanings. You may face both assault charges and battery charges based on the same incident, but these are two separate crimes.

Generally, battery means intentionally using force against another person with the purpose of inflicting physical harm. Assault means intentionally making another person fear you are about to physically harm him or her but does not have to entail an actual attack.

Assault and intent

Both your state of mind and that of the other person play a significant role in dealing with assault charges. Generally, the prosecutor must show you intended to make the other person think you were going to attack and the other person must have actually thought that. Did you commit assault if you told someone you were going to kill them? That can depend on the context. People may say this phrase jokingly, in such a manner that no one even thinks of physical violence. On the other hand, someone who shouts this phrase angrily and picks up a heavy object may face a stronger case.

Types of battery

Battery is also a crime that involves intent. Injuring someone accidentally would not support battery charges. Battery charges may vary in seriousness from misdemeanor to an E felony.

The gravity of battery charges depends largely on whether it involved a weapon and the seriousness of the resulting injuries. Minor injuries such as bruises usually give rise to misdemeanor charges. Substantial injuries, such as fractures, concussions or burns, can result in Class I felony charges. Penalties may include as many as three and a half years in prison and fines of up to $10,000. In the event that the injuries threaten the person’s life or cause permanent disfigurement, the offense escalates to a Class E felony, which can entail up to 15 years of imprisonment along with substantial fines.

Battery upon a person who belongs to a specific protected category can also significantly increase penalties. In Wisconsin, this class of persons includes people with disabilities, members of one’s family, witnesses in a legal matter, school workers, law enforcement officers, emergency room personnel, people aged 62 or older, and people with disabilities.

Wisconsin ranks among the highest in the nation for state alcohol consumption. But that type of notoriety comes with a new cost. Recently, state lawmakers have passed a new bill that takes specific aim at habitual drunk driving offenders.

Repeated DUI or Operating While Intoxicated (OWI) offenders face permanent revocation of driver’s licenses after being convicted four or more times within a 15-year time-span. The consequences for driving while your license is permanently revoked results in a fine of $2,500 and the duration of up to 12 months in jail. A second time and penalties increase to $10,000.

Preventing tragedy

In 2015, the Department of Transportation (DOT) reported over 190 lives killed as a result of a drunk driver. There were also a reported 24,000 convictions related to OWI the same year. This new bill intends to aggressively inhibit the occurrence of such tragedies caused by drunk drivers in the future. Steep penalties apply to each level of OWI related convictions. However, permanent removal of driver’s licenses is leading the nation in state laws about DUI/OWI convictions.

Legal defense for OWI charges

If you or a loved one is experiencing drunk driving related charges, it is essential you know your options. Since the laws have recently changed, you may be at risk for having your license permanently revoked. Working with a legal professional may help you get your charges dropped or reduced. Don’t gamble with your driver’s license privileges when they could be taken away forever.

Do you think this new law will be effective?

If you are facing an OWI charge in the Green Bay area, you may be wondering what your next steps are. The mere thought of serving jail time may have you feeling stressed and struggling to sleep at night. You are probably also concerned about how an OWI/DUI charge will affect your job and what your friends and family think of you. 

You must not let your emotions overwhelm you to the point of inaction. You must stay on top of important deadlines and prepare to make some critical decisions. Mistakes and missing those deadlines can have a big impact on your circumstances and quite possibly lead to stiffer penalties. 

Watch what you say about your case 

Your feelings and the stress of your situation might lead you to talk to your friends and relatives about your circumstances. Be careful about what you say. Refrain from sharing details about the events that led up to your arrest. It is okay to discuss your feelings; however, any statements regarding guilt and responsibility regarding your charges are off limits. 

Be open and honest with your attorney 

If you must speak to someone about details in your case, talk to your attorney. He or she is there to represent you. You may feel ashamed and too embarrassed to be completely honest with her or him. Keep in mind everything you say to an attorney comes with the right of privilege. The more information you provide, the more details the attorney can use to build a solid defense. 

Get professional help 

If this is not your first time facing charges for an OWI, you might want to get treatment. Enroll in a substance abuse treatment program and get counseling so you can overcome addiction. Bear in mind the courts might require you to get counseling and treatment. However, being proactive and enrolling in them on your own before sentencing can have a positive impact on your case’s outcome. 

OWI charges are serious and can be difficult for you to manage on your own. Consider the potential impact a conviction can have on your life. Stay calm, rational and take measures to minimize them.

Domestic abuse is a serious and somewhat complex accusation that comes with severe consequences. Just a domestic abuse charge in itself can have a strong impact on the life of the accused.

Those who may face domestic abuse charges should understand all that these entail so that they may create a solid defense. There are a few ways that domestic abuse charges may affect an individual.

Penalties

The court penalties that people face vary depending upon the actual charges. In the state of Wisconsin, charges for domestic abuse cases usually fall into two categories:

1. Battery
2. Disorderly conduct

Depending upon the type of charge and severity of the incident, the penalties may change. Usually, they include fines up to $50,000 and jail time up to 15 years. Upon conviction, a person becomes a felon, which can limit or eliminate certain rights. For example, individuals with felonies are not able to carry firearms. They may also face issues gaining or maintaining high-paying employment.

Finances

Many times the courts will provide temporary protection orders to try to ensure the safety of accusers until the actual court date or until a specific time. This prevents the accused from being in the vicinity of the accuser, which may require the accused individual to find temporary housing. For those with no other option, it may be necessary to pay for a hotel or extended stay, which can add up. After a conviction, some may have to serve jail time, which can jeopardize their job and put them in more financial strain.

Representation

Considering the seriousness of the charges and penalties, it is critical to hire the right representation. When attorneys specialize in an area, they usually have extensive knowledge of the current laws and any changes, as well as experience with similar cases. This can help them in developing and arguing the case successfully.

Operating a motor vehicle while under the influence is a dangerous criminal offense, and therefore comes with strict penalties. New Wisconsin laws increase those penalties.

If someone faces an OWI charge, it is important to understand all that this entails, including the potentially harsher outcomes that the new legislation has put into place.

Different from DUI

Some individuals may be under the false impression that a DUI and an OWI charge are the same. Though both charges involving motor vehicles and intoxication, the scope of the charges is different. In the case of a DUI, an individual must be actually operating a motor vehicle to be guilty. In the case of an OWI, an individual must only be in charge of a part of the vehicle that is needed for its operation. For instance, if law enforcement finds an individual who is in the driver’s seat of a parked vehicle to be under the influence, the individual may face an OWI but not a DUI.

Penalty range

The new OWI laws increase the penalty for an OWI conviction. When individuals receive their first OWI, they face minimal penalties, including fines of up to $300 and a license revocation up to nine months. However, the fines and revocation increase with the second and third conviction, and include jail time. With the new law, the fourth charge results in a felony conviction, which can lead to a fine of up to $10,000, six years in prison, and a three-year license revocation. The penalties increase with any additional charges after the fourth, up to the tenth conviction, which holds a 15-year conviction, with a minimum of four years.

By taking some time to understand the aspects of an OWI, individuals may decide the best options for their case moving forward. It may also be beneficial to consult with a knowledgeable attorney.