Self Defense
Wis. Stat. 939.48 — only the force reasonably believed necessary, and a presumption at home, in a car or at work
A Wisconsin person is privileged to threaten or intentionally use force to prevent or end what they reasonably believe is an unlawful interference with their person, using only the force they reasonably believe is necessary. Force intended or likely to cause death or great bodily harm is privileged only on a reasonable belief that it is necessary to prevent imminent death or great bodily harm to oneself.
Home, vehicle, business. When the person was present in their dwelling, motor vehicle or place of business and the other person was unlawfully and forcibly entering it, or had done so, the court may not consider whether there was a chance to flee or retreat, and presumes the belief that deadly force was necessary was reasonable.
- The presumption does not apply if the person was engaged in criminal activity, or using the place to further it.
- It does not apply against a public safety worker entering in the line of duty who identified themselves, or whom the person knew or reasonably should have known was one.
- Provoking an attack by unlawful conduct loses the privilege, except against an attack threatening imminent death or great bodily harm, and it can be regained by withdrawing in good faith with adequate notice.
- Provoking an attack as an excuse to cause death or great bodily harm loses the privilege entirely.
The same privilege extends to defending a third person who the defender reasonably believes would be privileged to act in self-defense, when intervening is necessary to protect them.
Sources for this section (1)
- Wis. Stat. 939.48 — Self-defense and defense of others
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.