Understanding Wisconsin’s Stand Your Ground Law
Wisconsin does not have a “Stand Your Ground” law. Instead, the state relies on its Castle Doctrine and general self-defense principles to govern the use of force in self-defense situations.
Castle Doctrine
The Castle Doctrine in Wisconsin allows individuals to use force, including deadly force, to defend themselves, their families, or others within specific spaces such as their home, vehicle, or business. This doctrine eliminates the duty to retreat in these locations, providing a legal presumption that the use of force was reasonable if the intruder unlawfully entered the premises.
Self-Defense Laws
Wisconsin Statute Ā§ 939.48 permits individuals to use force against another if they reasonably believe it is necessary to prevent imminent death or great bodily harm. However, this statute does not extend to public spaces outside of the Castle Doctrine’s protections.
Stand Your Ground vs. Castle Doctrine
While both concepts involve self-defense, Stand Your Ground laws typically apply to public spaces and eliminate the duty to retreat anywhere the person is lawfully present. In contrast, Wisconsin’s Castle Doctrine is limited to specific locations like homes, vehicles, and businesses.
Wisconsin does not have a Stand Your Ground law but instead uses the Castle Doctrine to protect individuals in their homes, vehicles, and businesses. In public spaces, individuals may still use self-defense, but the duty to retreat may be considered by courts when evaluating the necessity of force used.
SOURCES
- https://www.thesingletonlawfirm.com/blog/does-wisconsin-have-a-stand-your-ground-law/
- https://www.grievelaw.com/WisconsinGun/Laws/CastleDoctrineExplained
- https://www.hoganeickhoff.com/blog/exploring-wisconsins-self-defense-laws-in-criminal-cases/
- https://en.wikipedia.org/wiki/Stand-your-ground_law