Cohen Law Offices

Get The Help You Need

Call Us Today!

When is Self-Defense Reasonable?

websitebuilder • March 5, 2024
Self Defense — Eau Claire, WI — Cohen Law Offices

Being accused of a violent crime can be a daunting and scary experience. It's a situation no one wants to find themselves in, but unfortunately, it can happen to anyone. When facing criminal charges alleging violent conduct, understanding the concept of self-defense and its reasonableness can make a significant difference in your case.

If you're in the area of Eau Claire, Wisconsin, and require legal assistance, Cohen Law Offices is here to guide you through the complexities of self-defense cases. Call us today to learn how we can help.

What is Self-Defense?

Self-defense is a legal concept that allows individuals to use reasonable force to protect themselves from harm or danger. It acknowledges that when faced with imminent threats, individuals have the right to defend themselves physically. The key to understanding self-defense in legal terms is the concept of reasonableness.

The Concept of Reasonableness in Self-Defense Cases

To determine whether self-defense is reasonable in a particular case, several factors are considered. The totality of the circumstances is taken into account, including the threat's severity, immediacy, and the fear and belief of the person using self-defense. The response must be in proportion to the perceived threat, and force beyond what is necessary may no longer be considered reasonable.

When it comes to determining reasonableness, judges and juries review the actions of the person claiming self-defense and evaluate their responses against what a reasonable person would do in the same situation. This evaluation is crucial, as it plays a significant role in determining the outcome of the case.

Some of the specifics of Wisconsin's self-defense statute include the following:

  • You cannot use force that is intended or likely to cause fatal injuries or great bodily harm unless you reasonably believe it is necessary to prevent fatal injuries or great bodily harm to yourself.
  • In certain cases, there is a presumption that it was reasonable to believe that the force was necessary to prevent death or great bodily harm if a person trying to break in or had broken into your home, car, or place of business.
  • If you engage in unlawful conduct that is likely to provoke others, you cannot claim self-defense. This provision does not apply if you reasonably believe you were in imminent danger of death or great bodily harm. If you do, you can act in self-defense, but not the use of force that is intended or likely to cause death or great bodily harm unless you have exhausted every other reasonable means of escape.

Do You Need a Lawyer to Raise Self-Defense?

It is in your best interest to seek legal representation from an experienced Eau Claire criminal defense lawyer like those at Cohen Law Offices. Navigating the complexities of self-defense cases requires an in-depth understanding of the law and the ability to present a compelling defense. Having a skilled attorney by your side can significantly increase your chances of successfully proving self-defense.

Contact an Eau Claire Criminal Defense Lawyer Today

If you or someone you know is accused of a violent crime and needs legal assistance in Eau Claire, Wisconsin, Cohen Law Offices is here to help. With over 47 combined years of experience serving clients in Northwest Wisconsin, our team of dedicated criminal defense lawyers is well-equipped to handle self-defense cases. Call us at 715-382-9447 or visit our website to schedule a consultation and let us guide you through the legal process.


Share by: