Self-Defense and Deadly Force in Wisconsin

 Posted on August 21, 2024 in Violent crimes

When police are called to respond to a violence complaint, they can not always predict what they will find on the other side of the door. Several people inside might offer different versions of what happened. When people who are accused of assault, battery, or the use of force claim that they were acting in self-defense, it can be difficult to know who the actual victim was and who was the perpetrator. This article will examine some Wisconsin laws addressing your ability to use deadly force against someone in self-defense. If you were defending yourself and are now facing criminal charges, speak with an experienced Waukesha, WI criminal defense lawyer to understand your options.

Wisconsin Self-Defense Laws

American citizens are entitled to defend themselves against harm, but the specifics of what that means differ from state to state. According to Wisconsin law, the right to self-defense is based on a few aspects:

• The Castle Doctrine: The Castle Doctrine is a principle currently followed by several states, allowing you to use deadly force to protect yourself from intruders. There are currently 27 states that have adopted Castle Doctrine laws, and several more that have laws providing similar protections without specifically using the term "Castle Doctrine." While the laws in each state differ, in Wisconsin, the Castle Doctrine means that you are generally entitled to use deadly force against someone who has broken into your home, car, or business while you are there.
• Stand Your Ground: Often seen as an extension of the Castle Doctrine, "Stand Your Ground" laws allow you to use deadly force when acting in self-defense, without the need to retreat, even if you are not in your home. To avoid criminal repercussions, you need to demonstrate that you had a reasonable belief that this use of force was necessary to prevent physical harm.
• Reasonable force: You need to prove that the force you used was proportional to the threat you faced when using it. You have to show that you had reason to believe force was the only way to prevent imminent harm or death.

Schedule a Free Consultation with a Muskego, WI Criminal Defense Lawyer

If you used deadly force in self-defense, consult a passionate Waukesha County, WI criminal defense attorney about your case. At Bucher, Wolff & Sonderhouse, LLP, we believe in your right to protect yourself and your loved ones against harm, and we will fight aggressively on your behalf. Call us at 262-232-6699 to schedule a free consultation.