Wisconsin Self-Defense - Assault
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FAQ
General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.
939.48 Self-defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.
A defendant must be able to prove that he or she had a genuine fear for their life or of suffering great bodily harm, and that was why they responded with deadly force. Courts and juries must take into account the specific circumstances surrounding the incident for self-defense to be justified.
How do courts and juries consider self defense cases? You reasonably believed that you or someone else was in imminent danger of suffering bodily injury. You reasonably believed that the immediate use of force was necessary to defend against that danger.
With Castle Doctrine, when someone uses force intended or likely to cause death or great bodily harm (such as shooting another person) in the course of defending themselves they have civil immunity from prosecution. This is known as "stand your ground" protection.
The State must prove by evidence which satisfies you beyond a reasonable doubt that the defendant did not act lawfully in self-defense. been proved and that the defendant did not act lawfully in self-defense, you should find the defendant guilty. If you are not so satisfied, you must find the defendant not guilty.
