Self-Defense Laws in Wisconsin

No statutory duty to retreat, but retreat can be considered. A person may use force intended or likely to cause death or great bodily harm only if the person reasonably believes it is necessary to prevent imminent death or great bodily harm. 'While there is no statutory duty to retreat, whether the opportunity to retreat was available goes to whether the defendant reasonably believed the force used was necessary to prevent an interference with the defendant's person.' A person who provokes an attack through unlawful conduct may use deadly force only after reasonably believing he or she has exhausted every other reasonable means to escape or avoid death or great bodily harm.

If an actor claims self-defense for force intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat, and shall presume the actor reasonably believed the force was necessary to prevent imminent death or great bodily harm, if the actor was present in his or her dwelling, motor vehicle, or place of business (one the actor owns or operates) and knew or reasonably believed that the person against whom force was used was unlawfully and forcibly entering it, or had unlawfully and forcibly entered it. The presumption does not apply if the actor was engaged in criminal activity or using the dwelling, vehicle or business to further criminal activity, or if the person was a public safety worker entering in the performance of official duties who identified himself or herself or whom the actor knew or reasonably should have known was a public safety worker.