Wisconsin does not have a “stand your ground” law; instead, it has a “castle doctrine”. This doctrine provides specific protections for individuals using force, including deadly force, in self-defense within their home, motor vehicle, or place of business.
Key Aspects of Wisconsin’s Castle Doctrine:
- No Duty to Retreat: The law explicitly states that individuals in their home, business, or vehicle do not have a duty to retreat from an attack or intruder.
- Presumption of Immunity: It offers a presumption of immunity from civil and criminal charges for property owners who use force in self-defense against an intruder. The law requires a judge to assume that the use of deadly force was necessary to avoid harm.
- Scope: The Castle Doctrine applies to one’s home, vehicle, and business.
- Forcible Entry: The intruder must have forcibly entered the location, or be in the process of attempting to do so, while the defender is present inside.
Exceptions to the Castle Doctrine:
A property owner may lose the protections if:
- They were engaged in criminal activity when someone was hurt or injured.
- They act against a public safety officer performing their duties, knowing the person is an officer.
Self-Defense Considerations:
Wisconsin law allows the use of lethal force for self-defense if a person reasonably fears imminent death or great bodily harm to themselves or another. The Castle Doctrine enhances these protections within one’s home, vehicle, or business by removing the duty to retreat and providing a presumption that the use of force was justified.
Stand Your Ground vs. Castle Doctrine:
Unlike states with “stand your ground” laws, Wisconsin retains a duty to retreat if the altercation occurs in a neutral location. The Castle Doctrine eliminates that duty only within one’s home, vehicle, or business. In these specific locations, the law presumes that the use of deadly force was necessary for self-defense.
sources
[1] https://eisenberglaw.org/wisconsin-castle-doctrine-self-defense-laws/
[2] https://milwaukee-criminal-lawyer.com/castle-doctrine/
[3] https://www.wisbar.org/NEWSPUBLICATIONS/WISCONSINLAWYER/PAGES/article.aspx?Volume=86&Issue=5&ArticleID=10836
[4] https://www.wolffsonderhouse.com/waukesha-county-lawyers/does-wisconsin-law-follow-the-castle-doctrine
