At Toepfer at Law, we understand how quickly situations can get out of hand. That’s why we do everything in our power to provide you with the criminal defense you deserve. If you’ve been accused of a crime, don’t waste any time—contact us to protect your future.
It’s a nightmare scenario: An attacker threatens your life, forcing you to use lethal force in self-defense. You overcome the would-be assaulter, protecting yourself and your family, but the relief doesn’t last long. Not everyone is convinced that you acted in self-defense, and now you’re worried you’ll be charged with assault.
When an imminent threat of severe bodily injury or harm is present, Minnesota law allows you to use deadly force (such as shooting an invader) to prevent a felony from taking place in your home. Although you are allowed to use reasonable force for self-defense, the authorities may not agree with your interpretation of the situation.
How do you protect yourself from prosecution? One of the best ways to ensure your side of the story is heard is to hire an experienced criminal defense lawyer for self-defense. Luckily, if you live in Central Minnesota, you don’t have to look too far—Toepfer at Law is here to answer your call. Keep reading to learn about self-defense laws in Minnesota and how we can help.
No one deserves to be punished for acting in self-defense. However, if you fail to convincingly present the facts of your case, you may find yourself in a world of legal trouble. We’re here to keep that from happening. Call us at (320) 497-4416 to schedule a consultation.
You can’t just attack someone when you feel threatened and claim it was self-defense. Each state has specific rules for what constitutes self-defense, including Minnesota.
According to Minnesota law, self-defense means using a reasonable level of force to prevent bodily harm or injury. In order to be considered self-defense, the following four things must be true:
In the absence of any of these elements, a self-defense strategy may not be on the table. If you’re unsure, the best thing to do is consult with an aggressive criminal defense attorney.
Unlike states that follow “Stand Your Ground” laws, Minnesota says that victims have a duty to retreat before using deadly force. However, Minnesota does adhere to the “Castle Doctrine” when it comes to self-defense in your own home, meaning that you have no duty to retreat if you feel threatened with great bodily injury or death in your own home.
It’s critical for defendants to understand that self-defense has the potential to escalate to assault. Although Minnesota law allows you to use reasonable force to protect yourself, it also states that defensive activities must stop as soon as the imminent threat is removed. For example, an attacker might approach you with a weapon, such as a knife. If you disarm or injure the attacker to the extent that they no longer pose a threat, any physical harm you cause after that point may be considered assault.
Although acting in self-defense is legal, it can be challenging to prove in court. In order to be considered self-defense, your lawyer will need to demonstrate that you didn’t provoke the attack; you faced immediate danger; your fear was reasonable; and you didn’t have the option to retreat.
Other elements can complicate self-defense claims, such as the subjectivity of words like “reasonable.” For example, what the defendant deems a reasonable use of force in self-defense may be different than what a judge or jury thinks of as reasonable. Additionally, defendants are only legally allowed to use the amount of force required to stop the attack, which can be difficult to gauge during a high-stress event.
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St. Cloud, Minnesota 56303