Law Offices of Jeffrey W. Jensen 735 W. Wisconsin Ave., Twelfth Floor Milwaukee, WI 53233
414.671.9484
Jeffrey W. Jensen is a criminal defense lawyer in Milwaukee, Wisconsin. He is also a criminal appeals lawyer in Wisconsin.
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Today on The Jensen Defense
A Primer on the Use of Deadly Force in Wisconsin
On November 1, 2011 Wisconsin's concealed carry law goes into effect. The law requires-- among a number of other requirements-- that before a person may be licensed to carry a concealed firearm, he or she must complete a four-hour firearm safety class. The problem, of course, is that the privilege to use deadly force is governed by a fairly complicated set of statutes and caselaw, and it cannot possibly be adequately covered-- along with all the other rules of firearm safety-- by an instructor (usually not a lawyer) in a four-hour class. Once deadly force is used, though, there is no going back, and the consequences are catastrophic for all involved. The pointing of a firearm at another human being and discharging it is, by definition, the use of deadly force. Thus, before one decides to carry a concealed firearm, it is critical that he or she thoroughly understands the law governing the use of deadly force in Wisconsin. This article presents a primer on the the law of deadly force. For more detailed information, it is imperative that you contact a criminal prosecutor or a criminal defense attorney to discuss the issue.
In Wisconsin, there is a privilege to use force in self-defense. So called "perfect self-defense" (that is, the person using the force against another will face no criminal consequences for the use of the force) exists, "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. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself." Sec. 939.48(1), Stats.
There are several salient points to understand: (1) the force may be used only where the unlawful interference is with one's person, or the person of another. In other words, the privilege of self-defense does not apply where the unlawful interference is with one's property or the property of another. It would be a very bad idea, indeed, to use force against a culprit who attempted to break into one's parked auto, and who then started running away when discovered. (2) The attack must be actual or imminent (that is, "about to happen"). One is not allowed to wage a preemptive attack. (3) The belief that the unlawful intereference is occurring must be reasonable; that is, giving dirty looks across the room-- in and of itself-- probably does not incite a reasonable belief that an unlawful interference with one's person is about to occur. And, finally, (4) The amount of force used must be reasonably related to the nature of the attack.
In the case where ones uses deadly force, an unreasonable belief has devastating consequences. Sec. 940.01(a), Stats., provides that, "The following are affirmative defenses to prosecution (for first degree intentional homicide) which mitigate the offense to 2nd-degree intentional homicide under s. 940.05: (a) . . . Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable." The penalty for second degree intentional homicide is up to sixty years in prison.
Thus, before you point a firearm at another human being and discharge it, you must actually believe that you or another is in imminent danger of death or great bodily, this belief must be reasonable, and the belief that deadly force is necessary must also be reasonable. If you did not actually believe that you or another was in imminent danger of death or great bodily harm, you are guilty of first degree intentional homicide, and you will spend the rest of your life in prison. Even if you actually believed that you or another were in imminent danger of death or great bodily harm and that deadly force was required; if it later turns out that either belief was unreasonable, you could spend up to sixty years in prison.
The decision to carry a concealed firearm, then, carries with it a grave responsibility to understand the legal uses for the weapon. A mistake concerning the law will be devastating for you.
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Download a free copy of the Wisconsin Criminal Appeals Handbook. This authoritative booklet , authored by Milwaukee criminal defense attorney Jeffrey W. Jensen, will expertly guide you through the appeals process in Wisconsin.
Milwaukee criminal defense attorney Jeffrey W. Jensen, of the Law Offices of Jeffrey W. Jensen, a Milwaukee law firm with offices located at 735 W. Wisconsin Avenue, Twelfth Floor, Milwaukee, Wisconsin, has represented persons throughout the State of Wisconsin. If you will face felony charges in either state court or in federal court you should call 414.224.9484. Attorney Jensen regularly appears in Milwaukee County (Milwaukee criminal defense lawyer), Waukesha County (Waukesha criminal defense lawyer, Brookfield criminal defense lawyer), Washington County (West Bend and Germantown criminal defense lawyer), Racine County (Racine criminal defense lawyer), Kenosha County (Kenosha criminal defense lawyer), Brown County (Green Bay criminal defense lawyer), Fond du Lac County (Fond du Lac criminal defense lawyer), and Winnebago County (Oshkosh criminal defense lawyer)
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