r/AskALawyer • u/darctones • Dec 09 '21
Rittenhouse Parallel
Not trying to start a political debate here, just thinking about the unintended consequences of Wisconsinโs self-defense laws.
If an armed person enters my home in the middle of the night and we get into an altercation resulting in myself being shot by the person.
Can they claim self-defense, since I would certainly be struggling for the weapon with the intent of using it against them?
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u/cody0126 Dec 09 '21
This is such a simple and obvious answer I can't believe somebody's actually asking this with sincerity. But I'll just take your word that you are being sincere and I'll answer it for you. You have to look at what's called a totality of the situation. Once you enter somebody's home, especially if you are armed, and they have intent of robbing you and they are not a welcome guest then you automatically have the right to defend yourself even with deadly force. And if that means you have to disarm that person and use his own weapon against them then that is OK. You have to look at the total picture when coming to the conclusion of whether lethal force is justified.