no you can't. If someone breaks into your house, you cannot touch him unless he approaches you and attacks you first. Learn the legal system. That's what I'm doing.

This is wisconsin. not texas

Texas isn't the only state with Castle laws. Most states have what are known as Castle or Make My Day laws. Pretty much, if someone unlawfully enters your house or property and you have reason to believe that they pose a threat, no matter how minor, to you, your family, and/or your property, than you are allowed to use physical force, including lethal force, to prevent it. With everything, however, there are exceptions. While some states, such as Arizona and Texas, have Stand Your Ground laws, meaning that you can shoot a bitch as soon as you become aware of an unlawful presence in our house or property. The Castle laws of other states, like Colorado or Maine, you can only use force if someone is illegally in your house. And again, the Castle laws become more modified in states like Hawai'i, where an occupant of a home is required to retreat as far as you can to an exit, and if you can't safely leave your house, THEN you can use force. And then there are the states, and I'm fairly certain that Wisconsin is one, that has Duty to Retreat laws. These laws generally say that you need to get out of the house. Screw your property and family. I am personally a big fan of Stand Your Ground laws. I have a big problem with Duty to Retreat, mainly because of a case my friend was telling me about. I don't remember what state it was in, but the whole thing disgusted me. A woman was at home alone one night, and a man entered her house. He told her repeatedly that he was going to rape and kill her, and she ran to her bedroom and grabbed her shotgun. At least I think it was a shotgun. He kept approaching her and she pointed her weapon at him, and told him that if he took another step than she would put a hole in his chest. He kept walking toward her, and she shot and killed him. She called the police, they arrived, and arrested her for murder. She was arraigned for the murder of her would-be rapist and murderer because she did not run to her basement, which she could have locked and stayed safe, according to the prosecution. I don't remember, but I think that she was found guilty. OP. I'm sorry. The whole thing sucks. I think that you were perfectly justified, and I hope that the jury thinks so, too. Litigation really sucks. I would say that about 95% of all civil lawsuits are bullshit. However, the plaintiff is going to have a REALLY hard time trying to convince the jury that you assaulted him without provocation and that he is merely an innocent victim. By the way, congratulations on breaking his nose!

Murder requires malice or intent. She obviously didn't have either. So either this is a load of crap, or she's an idiot for succumbing to such a horribly pieced-together accusation.

She intended to kill him when she shot him. Intent. And I'm sorry, but if some guy threatened to rape and kill me, in my own home, no less, I would empty my mag in his chest, spit on him, and dance over his corpse while on the phone with dispatch. Malice. But you are forgetting that in the States, there are different degrees of murder. Generally, first degree murder includes malice and intent to kill. Second degree is usually a charge when one is engaged in another crime and kills someone in the process. Third degree is an unintentional homicide, for example, when one means to harm someone else, but ends up killing them. Of course, different states have different statutes. But regardless, the definition of murder is a homicide, that may be intentional or unintentional, that may be premeditated, or possibly collateral damage, and could quite possibly be malicious. It's an incredibly loose word...