Understanding Wisconsin’s Castle Doctrine and Home Defense Laws

You have certain rights to act in self-defense in Wisconsin if you believe that you are in danger. This right is even more pronounced when you are in your own home. The Castle Doctrine allows you to go even further in defending yourself and your property than you otherwise would be if you were out in public. If you have been charged with a crime even when you acted in self-defense, you need immediate legal help from an Appleton criminal defense attorney at Hogan Eickhoff.

There Is a General Right of Self-Defense Under Wisconsin Law

The general right of self-defense is found in Wisconsin Law § 939.48. The law states the following:

“A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.”

However, there are certain limitations and presumptions that come into play when you have used self-defense outside of your own home. There is no duty to retreat under Wisconsin law, but whether you had the opportunity to retreat is considered when a jury determines whether you reasonably believed that you were in danger.

You Have an Expanded Right of Self-Defense in Your Dwelling

Things change under the law when you are defending yourself in your own home. Then, the so-called “Castle Doctrine” applies. The doctrine takes its name from the well-used phrase that a “man’s home is his castle.” Since you have broader rights when you are in your own home, the law is more favorable to you when you are forced to defend yourself in your own home or property.

To be clear, the Castle Doctrine applies in situations when you are not in your own home. The law takes into account that you have broader rights when you are found on your own property, whether it is your residence, vehicle or business.

In a typical Wisconsin criminal case, you have the burden of proof when you are arguing that you acted in self-defense. Once you have presented sufficient evidence that shows that you acted in self-defense, the burden of proof then shifts to the prosecutor to disprove your defense and prove the charges against you beyond a reasonable doubt. There are no presumptions at play that can aid in your defense.

Things change for you legally when the Castle Doctrine applies. The doctrine holds that you can use force when the following applies:

• An intruder unlawfully and forcibly entering a dwelling, occupied vehicle, or business.
• The occupant must reasonably believe the intruder intends to harm or commit a felony

Then, the law states that the court cannot consider at all whether you may have had the opportunity to retreat before you used force against an intruder. There is a presumption that you are allowed to use force under these circumstances.

Limitations on the Application of the Castle Doctrine

There are some limitations on when you can use force. The intruder must have actually entered your dwelling, vehicle, or place of business, and their entry must be unlawful. For example, you cannot shoot outside of your car at someone else because you believe that you are in danger. According to the law, you must know that the entry was unlawful and illegal. You cannot use force against a delivery person who has entered your property because their entry was not illegal. The same thing goes when a public safety official enters your property in the performance of their duties.

Although the Castle Doctrine seems relatively clear, there are many potential factual issues in the case when you are arguing self-defense in your own residence. For example, you may have shot at an intruder who has already entered the property and is then in the process of fleeing. You have the right to use force when an intruder is in your dwelling, which is not necessarily limited to the actual building in which you live.

Then, there may also be a question about whether the person who entered your property was a forcible and unlawful intruder, or they were simply a trespasser. Much centers on what a reasonable person would have believed at the time that they were experiencing the situation. The problem is that you will have to rationalize your actions when you are under investigation. Law enforcement will show up to the scene of your dwelling, and they will want you to answer questions and give a statement. Although you want to avoid appearing guilty, you should not speak about what happened without a criminal defense lawyer being present.

In the early days of your case, law enforcement may be deciding whether to charge you with a crime, even when you believe that you have acted in self-defense, and those actions may begin as misdemeanors. Things can go either way in this case, depending on the initial investigation that police officers have performed. It is essential that you seek early help and intervention from a criminal defense attorney. They can help you tell your own side of the story and potentially avert charges from being filed against you in the first place. If you have been charged with a crime when you were acting in self-defense, your lawyer can plead that as a defense if your case goes to trial.

Contact an Appleton Criminal Defense Lawyer Today

If you have been charged with a crime in Wisconsin, you cannot afford to be without legal representation, no matter the stage of your case. You cannot wait until your case gets closer to trial to hire a criminal defense lawyer. Speak to an Appleton criminal defense attorney at Hogan Eickhoff to ensure that your legal rights are fully protected from the earliest stages of your case. You can schedule a free initial consultation by filling out an online contact form or by calling us today at (920) 450-9800.