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Tag: Defenses

Privilege

Certain actions, even though they’re otherwise criminal, are statutorily privileged.  Alleging that specific conduct is privileged is a defense to prosecution.  Contact Meyer Van Severen, S.C. 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…

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Affirmative Defense – Defense of property and protection against retail theft

If you’ve been accused of committing a crime while defending your property, or protecting retail property, contact Meyer Van Severen, S.C. 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…

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Affirmative Defense – Adequate Provocation

Contact Meyer Van Severen, S.C. at (414) 270-0202 if you’ve been charged with homicide. Adequate provocation is an affirmative defense focused on reducing 1st degree intentional homicide to 2nd degree intentional homicide.  Importantly, this affirmative defense only applies to cases originally charged as 1st degree intentional homicide.  It does not apply to other criminal or homicide…

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Affirmative Defense – Intoxication

Contact Meyer Van Severen, S.C. 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…

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Mistake – Affirmative Defense

Contact Meyer Van Severen, S.C. 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…

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Coercion – Affirmative Defense

Call Meyer Van Severen, S.C. 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…

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Necessity – Affirmative Defense

Contact criminal defense firm Meyer Van Severen, S.C. 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…

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Defenses to criminal liability

Contact Meyer Van Severen, S.C. at (414) 270-0202 to discuss defenses to criminal liability Defenses to criminal liability include commonly referenced laws such as self-defense, defense of property, and coercion.  Less commonly discussed but equally important defenses include intoxication, necessity, mistake, adequate provocation and privilege.  They’re all important, and they’re all important to understand when assessing any…

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