Apart from the physical condition of the victim in battery cases, there are additional factors that affect the severity of repercussions for the defendant. The presence or use of a weapon, characteristics of the victim, and characteristics of the defendant can determine the severity of the punishment when convicted of battery.
In the case of a Class E or Class H felony, an additional five years in prison can be added to a sentence if the defendant used or threatened to use a weapon. For Class I felonies, an additional four can be added. These weapons include anything that can cause great boldly harm or death, even if they are not used.
Secondly, if the person is over 62 years old, it is assumed that their older age puts them at greater risk of harm. Because of this, when in court, the defendant has to demonstrate that they did not personally put the elder person at a greater risk.
If the crime has been committed against people that embody certain characteristics, the defendant can receive more severe punishment. If the battery has been committed against a grand juror, trial juror, public officer, a village, city, or town employee, an operator of a transit vehicle, or a protected employee, the defendant’s punishment can increase in severity.
On the other hand, if the defendant is categorized by certain characteristics, they can receive more punishment if convicted. If they are a prisoner, a person that is institutionalized as a sexually violent person, or a person under a restraining order, penalties can be more severe.
While the punishment basis for felonies is identified by which class the action falls under, these surrounding factors can determine how long the imprisonment is, how high the fine is, or if any additional years or fines will be added to the punishment. A Waukesha Criminal Defense Attorney would likely attest to the possibility of having these repercussions reduced. If accused of battery, hiring an attorney for legal representation is a favorable option in order to reduce negative effects of the situation.