The Minnesota Supreme Court recently ruled that a person has a duty to retreat, even when threatened with bodily harm. This decision stemmed from a 2021 case where an individual used a machete to threaten a knife-wielding aggressor in self-defense. The majority ruled that it is unreasonable to use deadly weapons without trying to retreat first, but some argue that this decision is unusual, especially with regard to Minnesota’s self-defense laws.
So, what does it really mean to use force in self-defense? Here’s what you need to know:
Self-defense: a broad definition
Self-defense is the act of protecting oneself from harm using force. It usually involves responding to an immediate threat of physical violence. You must reasonably believe that using force is necessary to defend against unlawful physical force. Moreover, the danger must be immediate, meaning you believe you have to act right away to avoid harm.
However, the force you use to defend yourself must match the level of the threat you are facing. A person claiming self-defense must also not be the initial aggressor – meaning they cannot be the one who initiated the conflict or threat of physical force.
The right to defend yourself and your home
According to Minnesota’s castle doctrine, you can use force – even deadly force – if someone threatens you with serious harm or death in your own home, car or place of business. In these situations, you also do not have a duty to retreat. This provides strong legal protection to people using force to defend themselves in cases like home invasions, carjackings or armed robberies.
However, the doctrine does not apply if the person you use force against is a lawful resident or has legal permission to be in that home or vehicle. Moreover, you cannot use deadly force if you know the person is a peace officer doing their job.
Defend your right to self-defense
It is easy to misunderstand actions done in a moment of fear or necessity. You deserve to have your side of the story heard. If you are facing assault and battery charges for what you believe to be an act of self-defense, know that you have legal options available to you.