When Can I Claim Self-Defense in Minnesota?
When Can I Claim Self-Defense in Minnesota?
Often, good people are often accused or charged with a crime for acting in self-defense in Minneapolis, St. Paul, Edina, Roseville, Vadnais Heights, White Bear Lake, Inver Grove Heights, Lake Elmo, Woodbury, Wayzata, Minnetonka, Maple Grove, Plymouth, Richfield, and Bloomington Minnesota.
Self-defense in Minnesota is an affirmative defense to criminal charges including murder, assault, domestic assault, aggravated robbery, robbery, and theft, subject to certain requirements. According to Minnesota law, no crime is committed when a person uses reasonable force to resist an offense against the person, if such an offense was being committed or the person reasonably believed it was. State v. Soukup, 656 N.W.2d 424, 429 (Minn. 2003).
In Minnesota, it is lawful for a person, who is resisting an offense against his person and who has reasonable grounds to believe that bodily injury is about to be inflicted to defend from an attack. In doing so, the person may use all force and means that the person reasonably believes necessary and that would appear to a reasonable person, in similar circumstances, to be necessary to prevent injury that appears to be imminent. The kind and degree of force a person may lawfully use in defense of self is limited by what a reasonable person in the same situation would believe to be necessary. Any use of force beyond that is not reasonable. State v. Glowacki, 630 N.W.2D 392 (Minn. 2001).
The legal excuse of defense of self is available only to those who act honestly and in good faith. A person may use force in defense of self only if the person was not the aggressor and did not provoke the offense. State v. Thompson, 544 N.W.2d 8 (Minn. 1996). The defendant has a duty to retreat or avoid the danger if reasonably possible, except the defendant has no duty to retreat when acting in self-defense in his home. State v. Devens, 852 N.W. 2d 255, 258 (Minn. 2014).
The defendant is not guilty of a crime if he or she acted in defense of self as authorized by law. To prove guilt, the state has the burden of proving beyond a reasonable doubt that at least one of the requirements of this defense has not been met.
“A defendant is entitled to an instruction on his theory of the case if there is evidence to support it.” State v. Pendleton, 567 N.W.2d 265 (Minn. 1997). “In determining whether evidence exists to support a self-defense or defense of property jury instruction, the record must be viewed in the light most favorable to the party requesting the instructions.” State v. Dahlin, 695 N.W.2d 588 (Minn. 2005).
Please note that self-defense in Minnesota can still be used even if the accused is a convicted felon and they used a gun, knife, or other weapon to prevent injury or bodily harm if a reasonable person in the same situation would believe to be necessary.
It is very important for people to understand that even if they acted in self-defense, they should still exercise their constitutional right to remain silent—and not explain their side of the story to law enforcement.
The Minnesota criminal defense attorneys at RAM Law PLLC primarily represent individuals that have been accused or charged with a crime in Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County and Wright County.
Contact our experienced criminal defense attorneys at (651) 468-2108 to learn more about self-defense in Minnesota, and how to raise this affirmative defense.