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Wisconsin’s Castle Doctrine (2011 Wis. Act 94) presumes a person using deadly force against an intruder did so lawfully–if they are not engaged in illegal activity and reasonably believe they are in imminent danger of death or great bodily harm. This presumption applies when someone unlawfully and forcibly enters their home, vehicle, or place of business.
Defining Wisconsin’s Castle Doctrine
Wisconsin’s Castle Doctrine grants legal protection to individuals who use force to stop an intruder in their home, vehicle, or place of business. The law presumes:
- The intruder unlawfully and forcibly entered the protected location.
- The individual using force was present at the time and not engaged in criminal activity.
- The individual reasonably believed deadly force was necessary to prevent imminent death or great bodily harm.
If these conditions are met, the person defending is protected from criminal prosecution and civil liability.
The History Behind Castle Doctrine
The concept of Castle Doctrine dates back to English common law, where it was established
that a person’s home is their castle and should be defended as such. The principle was reinforced during the Battle of Lexington and Concord in 1775 when British troops attacked homes in Massachusetts. Jason Russel, a 60-year-old man, refused to abandon his home and declared, “An Englishman’s house is his castle.” Russel was tragically killed after being shot twice and bayoneted multiple times by British soldiers, but his defiant stand left a lasting impact on self-defense laws.
Wisconsin formally adopted its Castle Doctrine in 2011 with the passage of Act 94, aligning itself with many other states that provide similar legal protections. The law removes ambiguity in self-defense cases and ensures individuals who justifiably defend themselves in their home, vehicle, or place of business are protected from both criminal charges and civil lawsuits.
Over time, Castle Doctrine laws have been debated across the country, with some advocating for stronger protections and others cautioning against broad applications. In Wisconsin, the law is clear: If someone unlawfully and forcibly enters your home, car, or business while you are present, you have the legal right to use force to protect yourself and those inside–without the requirement to retreat.
How Castle Doctrine Changes Wisconsin’s Self-Defense Laws
Before the Castle Doctrine, Wisconsin law generally required individuals to consider whether retreat was possible before using deadly force. Meaning that even if you were in danger, you may have been legally required to flee rather than fight back. Now, when an unlawful break-in occurs:
- You do not have to retreat before defending yourself.
- The law presumes your use of deadly force was justified if the intruder forcibly entered your home, vehicle, or business.
- Law enforcement and courts cannot hold you legally accountable unless clear evidence shows your use of force was unjustified.
This does not mean you can use deadly force in every situation. If an intruder does not forcibly enter your property–such as an individual standing in your yard or a guest refusing to leave–Castle Doctrine protections do not apply. In such cases, general self-defense laws determine what level of force, if any, is legally justified.
What Castle Doctrine Does NOT Cover
Castle Doctrine does not apply in every situation. Here’s what the law does not allow:
- You cannot use deadly force against a trespasser in your yard. The law applies only to forced entry into a home, vehicle, or business.
- You cannot shoot someone just for refusing to leave your home. If an invited guest refuses to leave, normal self-defense laws apply.
- Castle Doctrine does not apply to non-threatening situations. You cannot use deadly force simply because someone makes you feel uncomfortable.
For example, the Castle Doctrine does not allow a person to use lethal force against an invited dinner guest who overstays their welcome and acts rudely.
