Legal Question in Criminal Law in Wisconsin

Re: home defense rights

I can't speak for the law in your state, and am only licensed in Tennessee, but in general you are allowed to defend yourSELF, even using deadly force, if force is needed to protect your life or to protect you from bodily injury. Generally the same is true regarding protecting others.

Usually the only difference being in your home might make regarding what degree of force you can use is that in most states there is no requirement to retreat if you are in your home, while if you are NOT in your home you generally have to use no more than REASONABLE force, are no longer allowed to use force once the threat is disabled AND you have to retreat if a safe retreat is available and you did not HAVE to use force to defend yourself because you could have retreated. In your home in most states you are NEVER required to retreat from an attacker, but you still can only use reasonable force and must stop using force once you are no longer in danger.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601