Some recent high-profile news stories have raised questions about when people may use firearms in self-defense or to defend their homes against intruders. In Missouri, a man shot and wounded a teenager who came to his door, and in New York, a man shot and killed a young woman who was in a vehicle that mistakenly drove onto his driveway. These cases have raised questions about when deadly force is appropriate and when people may or may not face criminal charges for acting in self-defense. Wisconsin residents may need to understand when they can use firearms or other weapons to defend themselves, their families, or their property.
Wisconsin Laws Addressing Self-Defense
Like some other states, Wisconsin follows the "castle doctrine," which allows for the use of force against a person who has entered someone's property unlawfully. Specifically, the laws state that a person has the privilege to use deadly force or threaten to do so to defend themselves against imminent death or great bodily harm. When someone is in their home, a vehicle they own, or their place of business, and they believe that a person is attempting to commit an unlawful forcible entry, the law presumes that a person believed that the intentional use of deadly force was necessary to protect themselves or others.
Under the castle doctrine, Wisconsin residents may take whatever actions they believe are necessary to protect the safety of themselves and their family members and prevent people from unlawfully entering or damaging their property. At the time of an incident, a person must be in their home, vehicle, or business, and they must know or reasonably believe that someone had unlawfully entered or attempted to enter their property. "Stand your ground" provisions also apply in these situations, and a court will not consider whether a person had the opportunity to flee before using deadly force against an intruder.
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