A criminal charge may be successfully defended by a claim of self-defense in Minnesota. According to a criminal defense attorney, here’s what you need to know:
Reasonable Force. The person exercising self-defense must have reasonably believed that force was necessary, and the force used is what a reasonable person in the same situation would believe to be necessary.
Duty to Retreat. Even if the intruder is a co-resident, there is no legal obligation that you must retreat before using reasonable force to protect yourself when you are in your home. However, there is a duty to retreat if you are outside of the home.
Reasonable Judgment. The person’s judgment about the gravity of the danger must be reasonable.
Honesty and Good Faith. The court will look for honesty and good faith when an individual claims self-defense.
The key word is reasonable. The determination of reasonableness can be challenging, so it is important to have an experienced criminal defense attorney by your side if you are faced with a situation where you were forced to use self-defense. See Attorney Tom Sieben’s recent self-defense victory here.