A judge 's gavel is sitting on a block in a red circle.

The Basics of Self-Defense in Wisconsin

Michael Cohen • June 16, 2022

If you are currently facing a criminal charge for a crime of violence, such as assault, battery, homicide, or some other serious crime, you might be looking at high potential penalties upon conviction. For example, a judge might sentence you to jail time, high monetary fines, or probation. In some instances, you might allege a complete defense, like self-defense, to your criminal charge. If you are eligible to raise self-defense as a legal defense to your charge, your lawyer can advance the defense on your behalf in court.

 

To find out more about how we can assist with defending you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

 

When Is Self-Defense a Valid Legal Defense to a Criminal Charge?

A person may be in a position to allege self-defense as a legal defense to a criminal charge if they are defending themselves against an attack by someone else. Specifically, an individual can advance self-defense in their case if the following points are true:

 

·        The accused individual was not the initial aggressor in the altercation.

·        The accused individual only used an amount of force that was proportionate to the force that was used against them in the altercation.

 

Using a proportionate amount of force means that the accused individual cannot exercise deadly force against someone else if the other person did not use deadly force against them from the onset. The question as to whether or not the accused individual used a proportionate amount of force in self-defense is typically left to the trier of fact in the case. Depending upon the circumstances, the trier can be the judge or the jury.


What Happens If Self-Defense Is a Successful Legal Defense in Court?

In many instances, self-defense serves as a complete legal defense to a criminal charge. Therefore, if a person successfully argues self-defense and the trier of fact believes them, then the pending criminal charge can be dismissed. A dismissal of the charge may result in a complete dismissal of the criminal case that is pending against the defendant. A knowledgeable criminal defense attorney can help you determine whether self-defense may be a workable legal defense in your specific criminal case.


Speak With a Skilled Criminal Defense Attorney About Your Legal Matter Today

If you are facing criminal charges, it is important that you retain an experienced criminal defense lawyer to represent you in your case as soon as possible. A lawyer can ensure that your legal rights remain safeguarded while your case is pending. Your attorney can also represent you at all criminal court hearings and trials and advocate for your best interests there. Your lawyer will do everything possible to help you obtain the best result available to you in your case. To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.