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Self Defense

Self defense is an affirmative defense that admits responsibility for committing the act, but asserts a justification claiming that the defense was based upon a reasonable belief, even if erroneous, that an unlawful attack presented threat of imminent harm or death to his person and that the force used was necessary and reasonable to prevent death or harm. If the defendant used deadly force, then the defendant is asserting that his belief was reasonable that the use of force was necessary to prevent imminent death or serious bodily injury to his person.

Initial Attack

Under common law principles, the victim must have been the initial attacker. If the defendant was the initial attacker, the affirmative defense of self defense was not available, except in certain situations.

Wrongful Attack

At common law, the attack must have been wrongful. Self defense was not available to a defendant who was being rightfully arrested or had been the initial attacker and was being rightfully prevented from causing harm or death.

Deadly Force

At common law, the defendant could use reasonable force to defend his person from imminent harm or death, and if he reasonable believed to be in immediate threat of death or serious bodily injury, then the force used could amount to deadly force or force used that resulted in death of the victim.

Duty To Retreat

At common law, the jurisdictions were divided on the defendant's duty to retreat from an attack, with the majority of jurisdiction not requiring retreat, and even if the defendant was required to retreat given the nature of the attack, he was not obligated to do so if retreat was to an unsafe harbor.

A Person's Home

At common law, a person was never required to retreat from an attack of another in his home.

However, in a minority of jurisdictions, a person was required to retreat if the attack was by a spouse or a person with a right to be in the home and the attacker was the initial aggressor.

Contact Van Wagner & Wood

Van Wagner & Wood, S.C.
608-284-1200

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Offices of Van Wagner & Wood

Van Wagner & Wood's office is located at Martin Luther King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside of the first circle surrounding the capitol building. You can park under the building by entering the parking lot from Doty Street. If you park under 10 East Doty, the offices of Van Wagner & Wood will validate your parking ticket so that you do not have to pay to park. If the parking ramp is full, there are numerous parking places surrounding 10 East Doty, as well as a public parking ramp on State street.

Appeals & Serious Crimes - Homicide - Murder

Van Wagner & Wood's criminal defense lawyers handle appeals to both the Appellate Court and the Supreme Court, as well as both state and Federal court systems for people convicted of a crime who believe their conviction or sentence were wrong. Most often, the appeals that they handle are to federal court because very few attorneys handle these types of appeals; Attorney Chris Van Wagner was a US Attorney in Wisconsin before entering private practice. Often times, people from across the United States hire Attorney Van Wagner for a Federal or a state appeal for serious crimes including homicide, RICO (Racketeering), felony murder, negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin Supreme Court for charges or convictions stemming from a Wisconsin trial.

Federal Crimes

Drug Crimes

Adams (Adams, Wisconsin Dells), Ashland (Ashland), Barron (Barron), Bayfield (Washburn, Bayfield), Buffalo (Buffalo City, Mondovi), Burnett (Siren), Chippewa (Chippewa Falls), Clark (Abbotsford), Columbia (Columbus), Crawford (Prairie du Chien), Dane (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Douglas (Superior), Dunn (Menomonie), Eau Claire (Abbotsford, Eau Claire), Grant (Mount Hope, Lancaster, Fennimore), Green (Monroe), Iowa (Mineral Point, Dodgeville), Jackson (Black River Falls), Jefferson (Jefferson), Juneau (Mauston), La Crosse (LaCrosse, Lafayette, Darlington), Marathon (Wausau), Monroe (Sparta), Pepin (Durand), Pierce (River Falls), Polk (St Croix Falls), Portage (Stevens Point), Price (Park Falls), Richland (Richland Center), Rock (Janesville), Rusk (Ladysmith), St Croix (Hudson), Sauk (Sauk City), Taylor (Medford), Trempealeau (Whitehall), Washburn (Spooner), and Wood (Wisconsin Dells) counties.

Drunk Driving (OWI, DUI, DWI)

Sexual Assault & Sex Crimes