Bicycle Injury Lawyer, Criminal Defense Lawyer

Privilege Defense in Wisconsin

Even if a person's conduct is criminal, the person may have a defense to the criminal charge if the conduct is privileged.  The defense of privilege can be claimed in Wisconsin for:  1. When a person's conduct occurs under circumstances of coercion or necessity; 2. When a person is defendning other persons or property; 3. When a person acts in good faith under apparent authorization of fulfillment of duties of public office; 4. When a person acts to reasonably make a lawfuil arrest.  In a past Wisconsin case, a volunteer firefighter woke up to sirens.  He got dressed and drove his car to the scene of an accident.  On the way, he collided with a parked car.  At his trial the firefighter asked the trial judge to inform the jury about the defense of privilege.  The trial judge refused.  The Wisconsin Court of Appeals agreed that the firefighter could not claim privilege because he was not, "apparetnly authorized" to drive while intoxicated to the scene of the accident.