Self-Defense Claims Involving Use of Weapons: Legal Considerations

What You Need to Know About Self-Defense Claims in Wisconsin

The right to act in self-defense is protected in the state of Wisconsin, but that doesn’t mean that it’s easy to win an acquittal or have charges dropped based on a claim of self-defense. Successfully arguing that you were in immediate danger and needed to defend yourself with a weapon requires a thorough understanding of the laws in Wisconsin and how they are applied to these types of cases.

If you have been charged with a violent crime involving a weapon but believe you were acting in self-defense, the experienced criminal defense attorneys at Casper Mehlos Law Group can help. The first step is understanding how self-defense claims work in Wisconsin and what you’ll need to establish in court.

How Is Self-Defense Protected Under Wisconsin Law?

In Wisconsin, a person has the right to “threaten or intentionally use force against another” if they have the reasonable belief that the other person is going to cause them harm — known as “unlawful interference.” Furthermore, under the law, there is no duty to retreat before using force when acting in self-defense. However, there are some specific provisions when the person acting in self-defense uses a weapon.

Someone can only use intentional force that “is intended or likely to cause death or great bodily harm” when they believe that they are in danger of experiencing great bodily harm or death themselves and believe that using that level of force is necessary to stop the attack. Most objects that are classified as weapons, such as a gun, a knife, or even a large stick, are able to inflict serious injury and would require this belief.

When Does Self-Defense Not Apply?

There are some situations where a self-defense claim doesn’t apply. For example, someone cannot claim self-defense if they used force while they were committing a crime. If someone is breaking into a home and is threatened by the homeowner, the person breaking in cannot use a weapon against the homeowner and then claim it was self-defense. A self-defense claim is also not generally applicable when the victim is a public safety worker engaged in their official duties, as long as they identified themselves or the defendant should have known that the person was a public safety worker.

The third scenario in which a defendant generally can’t use a self-defense claim is if they provoked the attack in the first place. The only way to claim self-defense if the defendant was responsible for provoking the attack is for the defendant to have backed down and verbally told the other party this, and the other party continued to advance.

What Is Required to Prove Self-Defense?

To rely on a self-defense argument in court, you will generally need to show that you had a reasonable fear for your safety. When the situation involves the use of a weapon, the defendant must show that they had a reasonable belief that they were about to be seriously injured or killed.

While the prosecution must meet the criminal burden of proof, which is beyond a reasonable doubt, when bringing criminal charges against someone, defendants claiming self-defense do not have to meet this same standard. Instead, they generally only need to provide some evidence to show that they acted in self-defense. For example, if there is evidence that the other party pointed a weapon at the defendant, threatened the defendant, or was unlawfully on the defendant’s property, this could be enough for a self-defense claim.

What Evidence Can Be Used to Support a Self-Defense Claim?

If your attorney believes that a self-defense claim is the right strategy for your case, they will work to gather and present evidence on your behalf. Evidence in self-defense cases can include physical evidence, such as photos or medical records documenting injuries the defendant suffered in the attack. It can also include proof of property damage, such as a broken door where the other party tried to come into the house.

Police and 911 records can provide more context on the scenario if the defendant tried to call for help. For example, if someone was breaking into the defendant’s house and there is a 911 call recording that indicates the defendant warned the other party not to come closer or that they were going to use a weapon, it can be strong evidence for a self-defense claim. Police records that show a history of violence between the two parties, such as multiple domestic violence calls, may also be helpful.

Self-defense claims often rely on eyewitness testimony as well. If you can find others who were able to hear or see the altercation, they can testify that your version of the events is accurate and that you had a reason to fear for your life.

What Should You Do If You’ve Been Charged With a Violent Crime?

When you’ve been charged with a violent crime but believe you acted in self-defense, the most important thing you can do to help yourself is to contact an attorney as soon as possible. You need legal representation through every step of your case, from the arraignment to a trial. The legal team at Casper Mehlos Law Group is here to help those in Madison, Wisconsin, who are wrongfully accused when they were protecting themselves and their property. Call 608-820-8926 to set up an appointment to discuss your case with an attorney and find out what you can do to fight your charges.