Defense Of Another - A Defense To Criminal Battery

Wisconsin criminal defense attorney corey chirafisi - madison wI

In Defense of Another

Self defense issues often exist in many battery cases. In some instances, defense of another issues arise in battery cases. Defense of another occurs when a third person is under attack or it is obbvious and reasonable to believe that the third person is in imminent danger of attack. In either of those situations, a person has a right to protect a third person from attack just as if he were under attack and he were acting in self defense. To what extent a defense of another defense is available depends on the attack, the instruments used in the attack, and the severity of the attack or anticipated severity.

If you have been charged with criminal battery, please call the law offices of Corey Chirafisi (608.250.3500 or 1-866-514-0647) to discuss your case.

Wisconsin Laws On Defense Of Another

Under Wisconsin laws, you are entitled to defend a third person under the same circumstances as if they were defending themselves. In other words, if you were standing in that third person's shoes, you would have a right to defend yourself from an attack or the imminent danger of an attack. Your defense of another must meet the same burden of proof as if you were defending yourself.

"Imminent danger of attack" simply means that the danger was immediately present. If you walked into a room and saw a person being beaten by another person, that beating is an immediate danger, and you would be within your rights to protect the person being beaten. However, if a person comes to you and tells you that he or she was beaten-up by another person, then you would not be within your rights to take action against the person who had inflicted the beating. Once the victim left the scene and reached a place of safety, they were out of imminent danger. Any action you would take against that person at that point would not be in defense of another.

Wisconsin law allows a person to defend one's self in situations where they have a reasonable belief that they are in danger. In some states, the law requires that a person attempt to flea the scene before defending him or herself; other states allow a person to stand their ground and defend their person regardless of the option available to flea.

Prosecution's Burden of Proof

In criminal battery cases, a defendant is not required to prove that he or she acted in self-defense; rather, the prosecution is required to prove beyond a reasonable doubt that the defendant did not act in self defense.

:: Straight Talk ::

In many criminal battery cases, the prosecution is not able to meet the burden of proof required for a conviction. That isn't to say that you could easily be successful in representing yourself in a battery charge case, and it would definitely not be advisable for you to go pro se. The prosecuting attorney has years of experience in beating lawyers in criminal battery cases.

See also Self Defense

Contact Wisconsin Drug Defense Attorney Corey Chirafisi

Attorney Corey Chirafisi provides free initial consultations for anyone who believes that they are under investigation for a crime, .

Telephone: 608.250.3500
Toll-free: 1.866.514.0647

:: Battery :: Substantial Battery :: Self Defense :: Defense of Another ::
:: Defense of Property :: Knowledge of Prior Violent Behavior ::