Saint Paul, Minnesota – November 12th, 2024 – In situations where individuals find themselves forced to defend against imminent bodily harm, injury, or an invasion of privacy, understanding Minnesota self-defense laws is crucial. In Minnesota, proving self-defense is a complex legal challenge, requiring individuals to demonstrate specific criteria. The Criminal Defense and Worker’s Compensation Law Offices of Arechigo & Stokka, led by attorneys John Arechigo and Josh Stokka, stands ready to offer expert legal support to those facing criminal charges for acting in self-defense.
John Arechigo and Josh Stokka have been partners for over 20 years and established their law office in 2007, a year after graduating from law school. Their extensive experience and dedication to protecting their clients’ rights have positioned them as highly regarded criminal defense attorneys in Minnesota. Arechigo & Stokka are particularly passionate about helping those who have been forced into difficult situations to protect themselves or others, only to find themselves confronted with serious criminal accusations.
In Minnesota, under the MN Stand Your Ground law, individuals have the right to employ force in defense of themselves when facing an imminent threat of bodily harm or injury in specific situations. Minnesota self-defense laws outline the circumstances in which force can be legally used for self-protection. Self-defense is one of the most commonly used defenses in cases involving assault & battery, or other crimes of violence.
To legally establish self-defense in Minnesota, the accused must meet stringent requirements, including:
1. The Alleged Victim Was the Aggressor
The accused must prove that the alleged victim initiated the aggression. Without clear evidence of the alleged victim’s role as the instigator, a self-defense claim can quickly be undermined in court. Arechigo & Stokka are adept at investigating such claims and gathering evidence that proves the initial act of aggression came from the alleged victim.
2. The Accused Had a Real or Perceived Fear of
Harm
Self-defense claims require the accused to demonstrate a genuine belief of imminent harm to their person. This can be a challenging standard, as perceptions of danger may vary greatly. Arechigo & Stokka have significant experience articulating their clients’ subjective experiences in ways that clarify their reasonable fear, helping the court to understand the threat from the defendant’s perspective.
3. The Belief of Threat Was Reasonable
The court requires that the fear of harm was not only perceived but was also objectively reasonable. A person’s belief that they were in danger must align with what an average person would consider reasonable in the same circumstances. John Arechigo and Josh Stokka know how to effectively communicate these subtleties to Minnesota juries, providing the context necessary to support a self-defense claim.
4. The Accused Did Not Provoke the Attack
Minnesota’s self-defense laws mandate that the accused must not have provoked or initiated the encounter. Demonstrating non-provocation is another nuanced area where Arechigo & Stokka’s expertise is invaluable, as they meticulously evaluate all factors and interactions leading up to the incident.
5. No Reasonable Opportunity to Retreat
Lastly, Minnesota law requires that individuals attempt to retreat from the situation if it is possible and safe to do so. Only if retreat is not feasible can an individual justify using force. This element requires precise legal arguments, which Arechigo & Stokka are experienced in presenting, especially in situations where clients felt trapped or had limited options.
At Arechigo & Stokka, defending individuals who have faced threats and acted to protect themselves is a commitment. We provide skilled advocacy to ensure their clients’ rights are protected, offering legal support throughout each step of the criminal justice process. Our years of experience and dedication to justice make them a critical resource for those facing criminal charges in Minnesota. We proudly serve clients in St. Paul, Minneapolis, Mendota Heights, Battle Creek, Washington County, Dakota County,and more.
For more information about self-defense laws in Minnesota or to schedule a consultation with Arechigo & Stokka, please contact our office at (651)877-6986 or visit our website at https://arechigo-stokka.com/.
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