Questionable: Does Wisconsin have a 'Castle Law'?

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"Does Wisconsin have a castle law which allows citizens protecting their homes, car or place of business or employment the right to use force-including lethal force-when an intruder has unlawfully entered or is attempting to enter using force?"

- John, Cassian

The Star Journal asked Oneida County District Attorney Michael Bloom. Bloom responded:

"Wisconsin does have such a law, which is set forth in sections 895.62 and 939.48(1m) of the Wisconsin Statutes. The summary set forth below is not intended to constitute legal advice. Any citizen seeking bonafide legal advice regarding these statutes should consult an attorney.

"Generally speaking, under section 895.62, a citizen who uses deadly force against someone who is in the process of unlawfully and forcibly entering the citizen's dwelling, motor vehicle, or place of business, or who uses deadly force against someone who is in the citizen's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering, is immune from civil liability arising out of their use of deadly force if the citizen reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person.

"Under section 939.48(1m), generally speaking, a court is prohibited from considering whether a citizen who used deadly force against someone who was in the process of unlawfully and forcibly entering the citizen's dwelling, motor vehicle, or place of business, or who used deadly force against someone who was in the citizen's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering, had an opportunity to flee or retreat before he or she used such force. Under section 939.48(1m), a court is required to presume that the citizen reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself.

"In order for sections 895.62 and 939.48(1m) to apply, a citizen who uses deadly force must reasonably believe that the person against whom the force is used entered their dwelling, motor vehicle, or place of business both unlawfully and forcibly. The language of these statutes suggests that simple trespassing without forcible entry is not covered."

Editor's note: Send in your questions to Starjournal@jcpgroup.com, or mail them to the Star Journal, 24 W. Rives St., P.O.?Box 558 Rhinelander, WI?54501.