Tag: Defenses

Certain actions, even though they’re otherwise criminal, are statutorily privileged.  Alleging that specific conduct is privileged is a defense to prosecution.  Contact Van Severen Law Office at (414) 270-0202 to begin discussing your criminal case and whether privilege applies. Privilege is defined by section 939.45 of the Wisconsin Statutes. The statute indicates that the defense…

If you’ve been accused of committing a crime while defending your property, or protecting retail property, contact Van Severen Law Office at (414) 270-0202 today. Defense of property and protection against retail theft is an affirmative defense to certain crimes in Wisconsin.  This defense applies when the defendant uses an amount of force the defendant…

What is adequate provocation? Firstly, a very simple, straightforward statute defines adequate provocation.  Specifically, Wis. Stat. sec. 939.44 begins by defining “adequate” and “provocation.” “Adequate” means sufficient to cause complete lack of self-control in an ordinarily constituted person. “Provocation” means something which the defendant reasonably believes the intended victim has done which causes the defendant…

Contact Van Severen Law Office if you believe you have an intoxication defense.  (414) 270-0202 Going out and drinking a few beers before committing a crime probably isn’t going to be enough for you to raise the intoxication defense.  And in most cases, the intoxication defense won’t be used for drunk driving cases.  That’s because voluntary intoxication is…

Contact Van Severen Law Office to discuss your criminal case.  (414) 270-0202 Not all mistakes are a defense to a criminal charge.  For example, the fact that you’re unaware that punching someone in the face is a crime is not a defense.  The affirmative defense mistake is defined in section 939.43 of the Wisconsin Statutes: An honest…

Call Van Severen Law Office regarding your criminal case.  (414) 270-0202 Coercion is a defense to criminal liability.  It’s defined in section 939.46 of the Wisconsin Statutes: A threat by a person other than the actor’s coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death…

Contact criminal defense firm Van Severen Law Office about your criminal case.  (414) 270-0202 Necessity is a defense to criminal liability. It’s defined in section 939.47 of the Wisconsin Statutes: Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or…

Contact Van Severen Law Office at (414) 270-0202 to discuss defenses to criminal liability Defenses to criminal liability: these are defenses that either reduce or completely dissipate your liability to a criminal offense.  They include things you hear about all the time, like self-defense.  But they also include other things that the news and movies might not…