Friday, February 3, 2012

Minnesota Self-Defense (Explained)

In my humble opinion, too many Minnesota Criminal Defense Attorneys fail to consider the best "weapon" in their arsenal when defending clients against Assault cases --- The Self-Defense defense. All too often they forget that their are these affirmative defenses which can greatly increase the burden of proof imposed upon the government and their case.

The laws of the State of Minnesota provide, generally that you can use physical force upon another person in order to defend yourself or another from the use or imminent use of unlawful physical force by another. 

What this often means is - that you don't have to wait until you are hit by another before you protect yourself. If someone is in your face and about to hit you, you can push them away or hit them. Granted, it is always best to start with the least aggressive use of force first and see if that works. (Know this, you can almost never use deadly force as Self- Defense against another unless lesser force doesn't make sense and you or another are in imminent danger of being killed or seriously injured.)

Where My Experience Comes In

As a former prosecutor, I've seen Self-Defense used as a defense and I frequently see Self Defense - successfully in cases where my clients are charged with Assault.  As your attorney, I put forth this defense to protect you at trial, and make a case that the use or threat of use of force upon the "victim" was reasonable and excusable under the law. 

It is critical that my clients not give statements to police about the case, or the police will ask questions which defeat the expected use of this defense. Police are not looking to help the accused defend themselves and will only try to get evidence to help the DA win the case at trial.

If you have been contacted by police regarding an Assault charge - be smart, exercise your right to remain silent, and the Rolloff Law Office today at 303-731-0719.  Together, we can protect your future.

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