Self-defense in Minnesota requires attention to details and the ability to argue the facts to support why the actions were reasonable and necessary under the circumstances. So, not only must the State carry its heavy burden of proving the defendant is guilty, but it must then also disprove the self-defense claim. One of the primary benefits in raising a self-defense affirmative defense is that, once successfully raised, the State then bears the burden of disproving one of the elements of self-defense. And whether there exists a reasonable opportunity to retreat is certainly debatable. What might be a reasonable amount of force used in one scenario may not be reasonable in another – after all, one can use lethal force in self-defense obviously, just not in all situations. This means that there is a lot of room for interpretation in each case. If these elements are satisfied, the defendant must use only the “reasonable force” necessary to remove themselves from the situation.Īs you review the law, you’ll notice a common word – reasonable. (1) an absence of aggression or provocation (2) an actual and honest belief that imminent death or great bodily harm would result (3) a reasonable basis existed for this belief and (4) an absence of reasonable means to retreat or otherwise avoid the physical conflict. There are four elements to a self-defense claim: Essentially, the defendant claims the force used was necessary to avoid an immediate threat of harm against him or her. Self-defense in Minnesota is a complete defense to a charge if raised successfully. But, few know what it means and how it’s applied in the law.
![4 elements of self-defense 4 elements of self-defense](https://guccitees.com/2021/Watch-Your-Nuts-Krav-Maga-Combat-and-Self-Defense-Shirt-sweater.jpg)
An affirmative defense most people are familiar with is self-defense.