SELF DEFENSE IN MINNESOTA IS AVAILABLE UNDER A NUMBER OF SITUATIONS.
The most common of these occurs when a person is resisting an offense against that person. If a person is being assaulted or robbed, for example, the person is within their right to use a reasonable amount of force to prevent the assault or robbery.
Self-defense is also available when a person acts to resist an offense being committed against another person. This is more commonly known as defense of others. Using the example above, if a person witnesses someone assaulting or attempting to rob a third person, an individual may use a reasonable amount of force to prevent the assault or robbery of the third person.
Self-defense is also available to a person acting in a manner to prevent the unlawful trespass onto the person’s property or the property of another. It is also available in a number of other situations, including when used by law enforcement in effecting a lawful arrest, when used by a teacher or school bus driver in lawfully restraining a child or pupil or to prevent bodily harm to another, and when used by a city bus driver to expel a passenger who refuses to follow the lawful requirements of passengers, to name a few.
SELF DEFENSE MAY NOT APPLY IF THE AMOUNT OF FORCE USED BY THE PERSON IN PREVENTING AN ASSAULT IS GREATER THAN REASONABLY NECESSARY.
In other words, the person acting in self defense in Minnesota is allowed to use the amount of force necessary to prevent bodily injury or harm to himself, but may not continue to use force once the threat of harm has been eliminated. Factors such as the size, age, and gender of the perpetrator and person acting in self defense will be considered in determining whether a reasonable amount of force was used, as well as whether any weapons were used by either individual.
WHETHER SELF DEFENSE IN SOUTH ST. PAUL MINNESOTA IS AVAILABLE IN A PARTICULAR CRIMINAL CASE IS USUALLY A DIFFICULT DETERMINATION TO MAKE.
A number of factors will be considered by a judge before determining the legal availability of self defense in any criminal case. Our Minnesota criminal defense lawyers know the factors that courts consider and can help prepare your defense of self defense. The South St. Paul criminal defense lawyers at Arechigo & Stokka have successfully defended a number of cases using self defense. Contact us today for a free consultation.
Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.