Wisconsin does not have a formal “Stand Your Ground” law. Unlike states with such laws, Wisconsin generally expects individuals to retreat from a threat in public, if it is safe to do so, before resorting to force-even in self-defense.
This means that if you can avoid danger by stepping away or retreating, you are supposed to do so. Juries in Wisconsin are allowed to consider whether a person could have safely retreated when evaluating if their use of force was necessary.
Castle Doctrine: The Key Exception
Wisconsin does have a robust Castle Doctrine. This law allows individuals to use deadly force without a duty to retreat when defending themselves in their home, occupied vehicle, or place of business against an unlawful intruder.
In these protected spaces, the law presumes you acted reasonably if you used force to prevent imminent death or great bodily harm, and you do not need to flee.
Self-Defense in Public
In public spaces, Wisconsin law requires that your use of force be “reasonable” and only as much as necessary to prevent or terminate unlawful interference.
If you are the instigator or provoke the confrontation, your right to claim self-defense is limited. The absence of a Stand Your Ground law means that, outside of your home, car, or business, you should retreat if it is safe and possible.
Summary Table
| Situation | Duty to Retreat? | Deadly Force Allowed? |
|---|---|---|
| In your home, car, business | No (Castle Doctrine) | Yes, if facing unlawful entry |
| In public | Yes, if safe to do so | Only if necessary and reasonable |
Key Takeaway
Wisconsin law does not allow you to “stand your ground” in public places if retreat is a safe option. However, you do have strong self-defense rights under the Castle Doctrine when facing an intruder in your home, vehicle, or business.
Sources:
- https://docs.legis.wisconsin.gov/document/statutes/939.48
- https://www.hoganeickhoff.com/blog/exploring-wisconsins-self-defense-laws-in-criminal-cases/
- https://eisenberglaw.org/self-defense-laws-in-wisconsin-common-self-defense-tactics/
- https://en.wikipedia.org/wiki/Stand-your-ground_law