Wisconsin Criminal Law: Defending Against Criminal Liability

Wisconsin criminal law encompasses a wide range of offenses and defenses available to those accused of crimes. Understanding the intricacies of this legal framework is essential for anyone facing criminal charges in the state. This article will explore various defenses that can be employed to mitigate or eliminate criminal liability in Wisconsin.

One of the primary defenses in Wisconsin criminal law is the claim of self-defense. Under Wisconsin Statute 939.48, a person may use reasonable force to prevent imminent harm. If someone can demonstrate that they acted in self-defense and the force used was proportionate to the threat, they might avoid criminal liability entirely. It’s crucial to gather evidence supporting this claim, such as eyewitness accounts and physical evidence from the scene.

Another important defense is the defense of consent. In certain cases, particularly those involving charges like assault or battery, demonstrating that the alleged victim consented to the conduct can serve as a viable defense. Consent must be informed and voluntary; thus, showing evidence of this can play a significant role in defending against criminal charges.

Insanity as a defense is also an option under Wisconsin law. According to Wisconsin Statute 971.15, individuals can argue that they were unable to appreciate the wrongfulness of their actions due to a mental disease or defect at the time the crime was committed. This defense requires substantial evidence from mental health professionals to support the claim.

In some cases, an alibi can effectively defend against criminal liability. An alibi demonstrates that the accused was not at the crime scene when the offense occurred. To establish an alibi, it’s essential to provide credible evidence, such as video footage, phone records, or witness testimony verifying the individual's whereabouts during the time of the crime.

The necessity defense is another potential avenue to defend against criminal charges. This defense argues that a person acted in a way to prevent a significant and imminent harm. For example, breaking a law to save someone's life could be considered under this defense if it can be proven that the circumstances demanded such action.

Moreover, the concept of mistake is recognized in Wisconsin criminal law. If a person mistakenly believed they were acting lawfully, this can sometimes negate criminal intent. For example, if someone entered someone else's property believing it was theirs, there may be grounds for a defense based on mistake.

It’s important to note that the burden of proof lies with the defense when asserting certain defenses. Therefore, working closely with an experienced criminal defense attorney is crucial for mounting an effective defense. They can help navigate the complexities of Wisconsin criminal law and tailor the defense strategy to the specifics of the case.

Finally, plea bargaining is a common practice in Wisconsin. This process allows defendants to negotiate with the prosecution for reduced charges or lesser sentences in exchange for a guilty plea. This avenue can sometimes enable individuals to avoid the risks of a trial while mitigating potential penalties.

In summary, facing criminal charges in Wisconsin can be daunting, but understanding the various defenses available is critical. The possibility of self-defense, consent, insanity, alibi, necessity, and mistake—all serve as potential avenues for defending against criminal liability. Consulting with a knowledgeable attorney is essential for exploring these options and building a strong defense.