You are probably somewhat aware of what self-defense means and how it could be applied in a criminal case, but what if you are standing up for someone else? Does self-defense apply the same way if you intervene to protect another individual, or will you find yourself in trouble if you go on the offensive to help protect someone else in Minnesota? Below, we take a closer look at how the defense of others is treated in Minnesota.
The Defense Of Others
Self-defense is widely recognized form of affirmative defense, but in most cases, attached to the idea of self-defense is the duty to retreat. In other words, if you can retreat to a safe location or get away from the threat, you are should do so instead of taking physical action against the threat itself. In cases of a sudden attack, multiple perpetrators or a home invasion, the duty to retreat typically does not exist, but in other situations this duty to retreat supersedes your right to self-defense.
But what about the defense of others? Are you allowed to intervene and protect someone else using physical force, and how does their duty to retreat impact your decision?
As you might imagine, a one-size-fits-all definition can’t be applied to all possible scenarios unilaterally. You can’t know with certainty if someone else has the ability to retreat from a situation that may develop in an instant. For these scenarios, the court ruled that the “defendant must subjectively believe the person in peril has no reasonable possibility of safe retreat, and that believe must be objectively reasonable.” Simply put, they ruled that an individual claiming the defense of another defense must truly believed that the victim does not have a reasonable ability to retreat from the situation.
Moreover, the defense must be proportional to the threat itself. For example, if you saw a group of people throwing punches, you can’t just run over and unload your pistol into the aggressor. The law is written such that bystanders can help to neutralize a situation, but they don’t have free reign to intervene with any methods they choose. You must act reasonably and with appropriate force.
Self defense and a defense of others defense are two types of cases where you absolutely need a lawyer by your side if you hope to achieve a favorable outcome. These cases oftentimes rely on perception and snap decisions, and if you can’t make a convincing case as to why you acted the way you did, the judge or jury may see you as the aggressor. Instead, put your case in the experienced hands of Avery and the team at Appelman Law Firm. Let us build a strong defense and paint a picture that clearly showcases how you acted defensively throughout the incident. These cases can oftentimes carry severe potential punishments, so don’t just wing it and hope for a slap on the wrist. Connect with an attorney who can ensure your voice is heard.
For help building a strong defense, or to talk about a different legal matter with an attorney, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
