If a person has been charged with
homicide in Wisconsin, one of the most common defenses which may apply to
violent crimes is self-defense. In general, the use of deadly or non-deadly force was
justified because they were defending themselves or another individual.
Deadly force can only be used if a person reasonably believes that such
force is required to avoid death or great bodily harm. While Wisconsin
doesn’t impose a duty to retreat, juries are still allowed to consider
whether a defendant had an opportunity to retreat to determine whether
or not it was necessary to use deadly force in self-defense.
However, if an individual provokes a confrontation, he/she has a duty to
retreat. Self-defense can only be applied if he/she reasonably believes
all means to escape from or otherwise avoid great bodily injury or death
has been exhausted.
The Castle Doctrine is a specific self-defense rule which applies when
a person is in their home, vehicle, or place of business and uses deadly
force against someone who has unlawfully and forcibly entered their property
or attempting to do so. The individual against whom the force was used
needs to present in the owner’s dwelling, vehicle, or place of business
after unlawfully and forcibly entering it.
If a person defending his/her life, home, vehicle, or place of business
continues to use deadly force in self-defense well after the intruder
flees the property, the Castle Doctrine will not protect the owner from
criminal charges. Additionally, deadly force cannot be used against an
Wisconsin does not have a “stand your ground” law. In states
which have such laws, the right to stand your ground can apply outside
a dwelling, car, and place of business. As long as the individual using
deadly force in self-defense has the legal right to be in the location,
didn’t provoke the confrontation, and the other party continues
to be the aggressor, then the individual is allowed to use deadly force
against the other party.
If you have been accused of a violent crime in Milwaukee, our experienced
criminal defense attorney at the
Law Offices of Christopher J. Cherella can protect your rights, reputation, and freedom. We can evaluate your
case, determine all of your available legal options, and develop a strong
defense strategy on your behalf.
For more information about our legal services,
contact us and request a free consultation today.