The Four Things You Must Prove to Claim Self-Defense in Minnesota
If you have been charged with assault in Minnesota, you may believe the only way to defend yourself is to prove that you didn’t do it. That is not necessarily the case. Actually, the real question is sometimes about why you did what you did.
Minnesota law recognizes the right to defend yourself when you are confronted with an immediate threat. In a self-defense case, the State ultimately has the burden of proving beyond a reasonable doubt that you were not acting in self-defense. But before the issue reaches that point, the defense must first produce evidence supporting the claim.
If you are facing assault charges in Minnesota and self-defense or defense of other may apply, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
So what does it take to establish self-defense?
1. You Were Not the Aggressor
The first question is often: Who started the confrontation?
Self-defense generally does not protect someone who provoked or initiated the physical confrontation. If you started the fight, the State may argue that you cannot then claim that you were simply defending yourself.
That makes the events leading up to the physical confrontation extremely important. What was said? Who approached whom? Did the situation escalate gradually or suddenly? Witness statements, video, text messages, photographs, and other evidence may help establish what really happened.
For instance, imagine somebody coming at you or you and other people in an aggressive or threatening manner and you have the right to be in that place, this may be sufficient for step one. However, there is more to it than that.
2. You Honestly Believed You Were in Immediate Danger
Self-defense requires an actual and honest belief that you were in danger of bodily harm.
If the circumstances involved deadly force, the perceived threat must involve death or great bodily harm.
The focus is on what you actually believed at the time—not what you may have thought about the situation hours or days later. The moments immediately preceding the use of force can therefore be critical.
In the circumstances above, if somebody was approaching you in a way that makes you think they might hurt you or the people around you at any moment, this may be enough. It is how you feel at that moment, i.e. I hit him because I thought he was going to hit me or the people around me.
3. Your Belief Was Reasonable
An honest belief is not enough by itself. The belief that force was necessary must also be reasonable under the circumstances.
The law does not simply ask whether you personally felt threatened. It asks whether a reasonable person in the same situation could have believed that immediate action was necessary.
That means the circumstances surrounding the encounter matter. The size and strength of the people involved, threats that were made, the presence of weapons, the location, the conduct of the other person, and what happened immediately before the force was used may all be relevant.
Again, using the circumstances above, based upon the threat that came at you, you used a reasonable amount of force to stop the threat.
4. There Was No Reasonable Way to Avoid the Confrontation
The circumstances surrounding retreat or avoidance may also be important in determining whether the use of force was justified.
The question is whether you had a reasonable opportunity to safely avoid the confrontation before using force. This requires looking closely at what was happening in real time—not judging your actions with the benefit of hindsight.
Example, if you walked away would that have fixed the problem? What about the other people with you? Would they still have been threatened?
The Details Matter
Self-defense cases are rarely decided by one fact. They are decided by the totality of the circumstances.
What did the other person say or do? Who initiated the encounter? Were there witnesses? Is there surveillance video? What injuries occurred? Were weapons present? What happened in the seconds before force was used?
An experienced criminal defense attorney will investigate these questions, examine the available evidence, and determine whether the facts support a self-defense claim.
Facing Assault Charges in Minnesota?
If you are facing assault charges, do not assume that the allegations in the criminal complaint tell the whole story. Your side of the story matters—and so does the evidence supporting it.
Jack Rice is a former prosecutor, former CIA officer, and Board Certified Criminal Law Specialist. At Jack Rice Defense, we investigate the facts and work to protect the rights of people accused of crimes throughout Minnesota.
Call Jack Rice Defense today for a free, confidential consultation: 651-447-7650 or 612-227-1339.