Wisconsin does not have a Stand Your Ground law. However, the state does have self-defense laws and a Castle Doctrine that are important to understand:
Self-Defense Laws in Wisconsin
Wisconsin’s self-defense laws are governed by Wisconsin Statute § 939.48, which states:
- A person may use force against another if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others.
- The use of force must be proportional – deadly force can only be used if the person reasonably believes it is necessary to prevent death or serious injury.
Castle Doctrine
Wisconsin has a Castle Doctrine law that applies in certain circumstances:
- It allows the use of deadly force in one’s home, vehicle, or place of business against someone who has unlawfully and forcibly entered.
- The Castle Doctrine provides a legal presumption that the use of deadly force was reasonable in these situations.
- It does not apply to invited guests or if the property owner pursues an intruder off the property.
Key Differences from Stand Your Ground
Unlike states with Stand Your Ground laws, Wisconsin:
- Does not extend the Castle Doctrine protections to public spaces.
- Allows juries to consider whether retreat was possible when evaluating self-defense claims in public areas.
- Does not provide blanket immunity from prosecution for using force in self-defense outside the home.
Duty to Retreat
While Wisconsin does not have an explicit duty to retreat law:
- Juries may consider whether retreat was possible when evaluating the necessity of force used in self-defense.
- The ability to retreat safely may impact whether the use of force is considered reasonable.
While Wisconsin provides strong self-defense protections in the home through its Castle Doctrine, it does not have a Stand Your Ground law that extends similar protections to public spaces. Those claiming self-defense outside the home may still need to demonstrate that their use of force was reasonable and necessary given the circumstances.
Sources
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://eisenberglaw.org/self-defense-laws-in-wisconsin-common-self-defense-tactics/
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-wisconsin/
- https://www.wicriminaldefense.com/blog/2021/june/wisconsin-stand-your-ground-law/
- https://www.hoganeickhoff.com/blog/exploring-wisconsins-self-defense-laws-in-criminal-cases/
