Assault and Self Defense | Wisconsin Criminal Defense
When Self-Defense Leads To Assault Charges
There’s a natural instinct to defend yourself when you feel threatened, but acting on that instinct can sometimes backfire and you may find yourself facing battery charges, which is a criminal charge in Wisconsin.
It’s common to argue self-defense when facing such charges, but that is not a guaranteed way to get the charges dismissed.
A Question of Threats and Responses
Even if you took action to prevent harm from occurring, other details of the situation could be used to argue that your actions were unwarranted or unnecessary. One key consideration is whether or not your actions were proportional to the actions or threats you faced. A good example of this is when someone tried to cause minor harm to you, but you retaliated with actions that were considerably more harmful. In that case, a court would be unlikely to accept an argument of self-defense.
Another important consideration that a court will take into account is that of imminent threat. If there was no imminent threat to your/someone else’s well-being, it is very hard to prove that a person was only acting to protect him or herself. The aggressor must have acted in a way that made you feel that he or she could harm you; such actions could be physical or verbal in nature.
In addition to imminent threat, a court will look at whether or not your fear was reasonable. Overreacting to a situation and causing someone else harm as a result can lead to battery charges, even if you claim you were only trying to protect yourself.
Is Self-Defense Applicable In Your Situation?
The only way to know for certain whether or not a claim can help your situation is to meet with a criminal defense attorney from Eisenberg Law Offices. Our Madison defense attorneys can explain how the situation may be impacted by such a claim and will work with you to build the strongest defense possible based on the facts. Contact us to learn more about the charges brought against you and possible defense options.