Home » Law and Legal Articles » Wisconsin Residents May Now Claim Self-Defense When Protecting Their Home
Wisconsin Residents May Now Claim Self-Defense When Protecting Their Home
The castle doctrine is designed to give homeowners the presumption that any force they use in protecting their property is justified. Could this lead to more problems than it solves, however? Read more to find out.
December 15, 2011 /Law and Legal PR News/ -- Wisconsin Residents May Now Claim Self-Defense When Protecting Their Home
Wisconsin recently became the 32nd state to pass a bill known as the "castle doctrine." The castle doctrine creates a presumption that any force a homeowner uses against an intruder is justified (even deadly force), regardless of whether the intruder was armed.
This presumption was not given under the previous law. According to the Journal Sentinel in Milwaukee, homeowners needed to show that any force used prevented imminent death or substantial harm if they injured or killed an intruder.
Therefore, homeowners formerly had to ascertain whether an intruder posed an actual threat to themselves, others or property. Only then could they decide whether force would be justified or not. This was a heavy burden to place on someone who was trying to protect their home against unlawful trespass, robbery or burglary.
Legislative Opposition
The castle doctrine faced fierce opposition throughout the legislative process. For example, the Journal Sentinel reports that many district attorneys feel it is unnecessary because the previous state law provided plenty of protection if force was legitimately needed. They feel the castle doctrine might invite rash or impulsive actions that could cost lives.
For example, deadly force is not necessary if someone accidently entered your home thinking it was theirs, or if someone was seriously injured outside and a phone was needed to call 911. However, the castle doctrine would afford increased legal protections to someone who shot and seriously injured an intruder in these situations.
Both sides raised valid and compelling arguments, but the decision was ultimately made to err on the side of caution. After all, most people do not have the time to evaluate whether someone is trying to hurt them or not -- by the time they decide it could be too late.
Limitations of the Castle Doctrine
The castle doctrine has certain limitations and cannot be invoked if the property someone was protecting was being used in furtherance of a crime, nor will it protect a homeowner who should have known the intruder was a law enforcement official.
Additionally, the castle doctrine does not preempt the state from charging homeowners with a crime. Anyone facing charges for protecting their home -- as well as anyone charged with a property crime -- should speak with an experienced Wisconsin criminal defense attorney immediately.
Article provided by Huppertz & Dorow, S.C.
Visit us at www.waukeshacriminalattorneys.com
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