Self-defense

A person can use force to defend themselves if they reasonably believe force is necessary and use an appropriate amount of force. Minnesota courts typically look at the following factors in determining self-defense:

(1) the absence of aggression or provocation on the part of the defendant;

(2) the defendant's actual and honest belief that he or she was in imminent danger;

(3) the existence of reasonable grounds for that belief; and

(4) the absence of a reasonable possibility of retreat to avoid the danger.
State v. Basting, 572 N.W.2d 281 (Minn. 1997).

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Self-defense can be more difficult defense than most people assume because of how tricky the duty to retreat can be. Good people can get caught in difficult situations where it is dangerous to try and retreat because the other person could still attack you. But prosecutors will still try and argue that you should have retreated. It takes skill in advocacy to put the situation in context to overcome Minnesota's difficult burden on duty to retreat. 

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Each case is different and requires a close analysis of the facts. If you are being charged with a gun related crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending gun crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.