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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In Wisconsin, assault is not specifically defined as a standalone crime; instead, the state uses the term 'battery' to refer to the physical act of harming someone and 'disorderly conduct' for actions that may cause fear or provoke a disturbance. Wisconsin statutes define battery as causing bodily harm to another by an act done with intent to cause bodily harm without the consent of the person harmed (Wis. Stat. § 940.19). Disorderly conduct, which can encompass some behaviors that might be considered assault in other states, involves engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance (Wis. Stat. § 947.01). There is no separate crime of 'assault' in Wisconsin law, but actions that would constitute assault in other jurisdictions could be prosecuted under these or other related statutes.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

Wisconsin State Code

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