Proving a Murder Charge is Self-Defense

It is one of everyone’s worst fears. They get in a situation that turns violent, and suddenly someone else is on the ground and they won’t ever be getting up again. Committing murder is traumatic in its own right, but facing down a murder charge is even worse.

However, in many cases, murder is not actually murder or manslaughter, but instead it was self-defense. Every citizen of Minnesota has a right to defend themselves if threatened with force and if that defense results in a fatality, it will still negate a murder charge. However, this is only true if it can be proven that the situation fits at least one of three criteria to qualify for self-defense. This criteria includes:

  • There was no reasonable way to avoid conflict.
  • You provided little in the way of provocation.
  • It was believed that you or someone else’s life or safety was in danger.

All of the above need not be true, and in many cases it is not even your responsibility to prove the situation was self-defense. In many of these confusing cases, it will actually fall to the prosecution to disprove the criteria of your situation. In these cases, in order to escape a serious criminal charge, you and your defense lawyer will want to make sure that your case is as strong as possible. This means gathering evidence, particularly witness statements as to how the event happened.

Were you involved in an event that resulted in a fatality and are now facing murder charges? As the most serious criminal charge that the law can pursue, you definitely should not take a laid-back approach to it. As soon as you are accused, you will want to contact your defense lawyer as soon as possible to work on a defense. If you are in the Minneapolis area and find yourself facing a murder charge, contact us today.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.