Question 1

What constitutes disorderly conduct in Wisconsin?

Accepted Answer

Under Wis. Stat. 947.01, disorderly conduct in Wisconsin covers a wide range of behavior. A person can be charged with disorderly conduct for engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct in any public or private place — if that conduct tends to cause or provoke a disturbance. The statute is intentionally broad, which means police frequently use it as a catch-all charge when they are unsure what else applies, or to add charges on top of other offenses. Disorderly conduct is a Class B misdemeanor, but when paired with a domestic abuse modifier it can carry additional consequences including a firearms prohibition. The attorneys at Kim & LaVoy S.C. are experienced at challenging disorderly conduct charges and have obtained not guilty verdicts in these cases.

Question 2

What is the difference between disorderly conduct and battery in Wisconsin?

Accepted Answer

Disorderly conduct under Wis. Stat. 947.01 covers broadly disruptive behavior that tends to cause a disturbance — it does not require physical contact. Battery under Wis. Stat. 940.19 requires intentional physical contact that causes bodily harm to another person. Misdemeanor battery is a Class A misdemeanor carrying up to 9 months in jail. More serious battery charges apply when the victim suffers substantial bodily harm (substantial battery, a Class I felony) or great bodily harm (aggravated battery, a Class E or Class H felony depending on intent). Both charges are commonly filed together, and both can be enhanced with a domestic abuse modifier in situations involving family or household members.

Question 3

Can I claim self-defense against a battery charge in Wisconsin?

Accepted Answer

Yes. Self-defense is a recognized complete defense to battery charges in Wisconsin. Under Wisconsin law, a person is privileged to use force against another to prevent or terminate what they reasonably believe to be an unlawful interference with their person, as long as the force used is not more than necessary. Provocation can also be relevant to how a case is charged and how it is evaluated by a prosecutor or jury. The attorneys at Kim & LaVoy S.C. understand that disorderly conduct and battery situations are rarely one-sided, and they work to ensure your full account of events is heard. Evidence must be gathered quickly — contact us as soon as possible after an arrest.

Question 4

What is the domestic abuse modifier in Wisconsin and how does it affect a disorderly conduct charge?

Accepted Answer

In Wisconsin, domestic violence is not a standalone criminal offense — it is a modifier applied to underlying charges like disorderly conduct or battery when the alleged victim is a spouse, former spouse, a cohabitant, or a person with whom the defendant shares a child. When the domestic abuse modifier is applied, the consequences expand significantly: a conviction triggers a federal firearms prohibition, can affect child placement in family court, and requires police to follow mandatory arrest procedures. Even a disorderly conduct conviction — normally a Class B misdemeanor — carries these additional consequences when the domestic modifier is attached.

Question 5

Will a disorderly conduct conviction show up on my record in Wisconsin?

Accepted Answer

Yes. A disorderly conduct conviction in Wisconsin creates a permanent criminal record that appears on CCAP — Wisconsin's publicly searchable court records database. This means employers, landlords, and others conducting background checks can see the conviction. CCAP records are permanent in most cases, even if charges are dismissed or a person is found not guilty. This makes it important to fight disorderly conduct charges rather than assuming the offense is too minor to worry about. An experienced defense attorney can work to get the charges reduced or dismissed, avoiding a record entirely.

Question 6

What is aggravated battery in Wisconsin and what are the penalties?

Accepted Answer

Aggravated battery in Wisconsin involves intentionally causing great bodily harm to another person. It is charged as a Class E felony (carrying up to 15 years in prison) if the defendant intended to cause great bodily harm, or as a Class H felony (carrying up to 6 years) if great bodily harm resulted but was not necessarily the intended level of harm. Substantial battery — causing substantial bodily harm — is a Class I felony carrying up to 3.5 years. These are serious felony charges that can result in prison time, significant fines, and a permanent record. Jonathan LaVoy of Kim & LaVoy S.C. has obtained not guilty jury verdicts in aggravated battery cases. Call us 24/7 for a Consultation at (414) 257-2100.

Disorderly Conduct / Battery Defense Lawyer in Milwaukee

Disorderly Conduct – Battery – Criminal Damage to Property

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