GET OUT, OR I WILL SHOOT!
In 2011 Wisconsin adopted the “Castle Doctrine” – which provides civil and criminal protections to property owners who use force against intruders in order to protect themselves, their family or guests, or their property from serious harm. Specifically, the doctrine states that “someone in their home, business or motor vehicle has no duty to retreat from an attack or intruder and presumes the use of force is reasonable to prevent death or serious harm.”
The term “Castle Doctrine” was originally coined during the Battle of Lexington and Concord in 1775. The British redcoats were on a mission, pillaging and destroying Bostonian homes. Jason Russell, a nearly lame 60 year-old man got word of the troops coming his way. When they arrived, he refused to leave his home and proclaimed, “An Englishman’s house is his castle.” He was shot twice near his doorway and bayoneted 11 times, dying on his doorstep.
The Castle Doctrine provides two important points of protection for property owners.
1. The presumption of immunity from civil and criminal charges that may result from the owners’ use of force in an act of self-defense against an intruder, and
2. by removing from consideration any question as to whether the property owner had an opportunity to flee or retreat before using force.
These are important protections that address a common argument in such cases: “Was the use of force appropriate in this situation?”
The court or jury may no longer consider whether the actor (a homeowner in his home, business owner or operator in their business or motorist in their motor vehicle) had an opportunity to flee. If someone breaks in the front door of your home or is in the process of breaking in, you do not need to flee out the back door; instead, you may choose to stand your ground and the new law shall presume you reasonably believed lethal force was necessary to prevent imminent death or great bodily harm.
It is important to note that there are exceptions to Castle Doctrine Protections. A property owner may lose the protections granted by the Castle Doctrine if:
1. They were engaged in criminal activity, and someone is hurt or injured.
2. They act against a public safety officer who is trying to enter the premises in the performance of their duties, and the property owner knows this is the case.
This is an extremely complicated issue and self-defense arguments are ones that you need a seasoned attorney to defend. It is an area of law that has gray areas and hiring the right defense attorney will significantly improve your chances of obtaining a favorable outcome, even if you believe it is obvious you acted lawfully.
At Jones Law Firm we have decades of experience defending cases of self-defense, and have successfully defensed homicide cases to not guilty verdicts! Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
