Even though you may be accused of a violent crime, there are defenses that you may use if you choose to fight the charges. There is a line between force that is justified, such as self-defense, and force that is illegal, such as battery. If you are able to prove a sufficient threat or violent action against you, it may be possible to be acquitted of criminal battery charges. The criminal defense lawyers at Hogan Eickhoff can review your case to help you determine whether there are any defenses to the charges you are facing.
You May Plead Self-Defense When You Are Charged with Battery
Self-defense is an affirmative defense that you can use when you have been charged with many types of violent crimes. Essentially, you are admitting that you used some degree of force but that you were justified in doing so. If you are able to prove that you validly acted in self-defense, you may not be convicted of a crime. However, you must prove your own defense before it can sway a jury.
You can argue self-defense when you have been charged with battery or even a more serious crime. In Wisconsin, the elements of battery are as follows:
- There was bodily harm caused to another person
- The defendant intended to commit that bodily harm
- The other person did not consent for the bodily harm to be caused
Self-Defense Is Arguing That There Was a Reason for Your Use of Force
When you have acted in self-defense, you have technically committed an action that would meet all of the elements of battery. However, self-defense may be what you claim as a defense to these charges. When you have acted in self-defense, you have used some degree of force to protect yourself against either threatened harm or something that was already occurring.
Wisconsin law gives you the right to defend yourself when you are either being attacked or you are in fear of an imminent attack. You can use force or threaten to use force to prevent an unlawful interference with your person. For example, if you believe that something is either attacking or threatening to attack you, it may be lawful to draw a weapon or use another type of physical force. In some cases, you may even be able to shoot someone with the intent to kill when you feel threatened or are being assaulted.
Wisconsin law states the following:
“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. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference.”
You Cannot Always Argue Self-Defense to Battery Charges
There are some limitations to using self-defense in response to criminal charges. For example, you do not have the right to use deadly force in many situations. The amount of force would be what you have reasonably believed to present an unlawful interference. For example, if you are being viciously assaulted or someone else has drawn a gun, you may be able to use deadly force to protect yourself. However, some people may not pose enough of a threat to allow you to use a disproportionate amount of force to protect yourself.
In addition, you would not be able to use self-defense in your case if you engaged in conduct that may have provoked an attack. For example, the prosecutor may allege that you were the one who started the fight that led to the interference with your person that caused you to use force. However, you can always restore the right to self-defense by withdrawing from the situation and telling the other party what your intention is. Then, if they continue to try to interfere with your person, you may use self-defense. If you were the instigator, a jury may consider whether you had the opportunity to retreat before you used self-defense.
Wisconsin laws of self-defense can be complicated. The state does not have a law that imposes a duty to retreat upon you, although that may be considered a factor in your defense. In addition, Wisconsin does not have a law that allows you to stand your ground. Your conduct may fall into a gray area in the law, and you need an experienced criminal defense lawyer who can help you with this type of affirmative defense.
When asserting self-defense, you admit that you used force of your own, and this defense is a high-stakes move. However, if there is ample evidence that you used force, you may have no other choice if you want to fight the charges against you. According to Wisconsin Jury Instructions, the state is the one who must prove your guilt beyond a reasonable doubt and that you did not act in self-defense. Your criminal defense lawyer would present evidence about what you saw and experienced at the time, which would have allowed you to use self-defense reasonably.
The jury would first consider whether your belief that you needed to use self-defense was reasonable. You may have made a mistake when you used force, but it does not mean that your use of it was unreasonable under the circumstances. Many things could happen in the heat of a confrontation that could cause you to have made a mistake.
Contact an Appleton Criminal Defense Lawyer Today
If you are facing battery charges or you are being accused of any other type of violent crime, contact a criminal defense lawyer at Hogan Eickhoff. We can review your case and help you determine whether you have any defenses to the charges that you are facing. You can schedule a free initial consultation with one of our criminal defense lawyers by contacting us online or by calling us today at (920) 450-9800.