Can I Defend Myself If Somebody Wont Let me Leave?

This has happened countless times in Minnesota. You get into an argument and want to leave and get away from the problem and maybe deescalate the situation but the other person refuses to let you leave and may even block the door. What can you do?

Can you use force to get away even if the other person never touched you? Now, according to a new decision with the Minnesota appellate court, yes, with limitations. If you are facing serious domestic assault charges in Ramsey County, Dakota County, Washington County or more in Minnesota, make sure you sit down with an experienced Minnesota domestic assault attorney.

“Self defense usually starts with the question, who touched whom first? However, this new appellate case could turn that on its head.”

This is a brand new appellate decision here in Minnesota that could change things. According to the Minnesota Court of Appeals, “self'-defense justified a person to use force more broadly to resist any offense against the person.” This is critical because this means that if somebody won’t let you leave, you can use force, likely no more than is necessary to leave, to defend yourself. State v. Lampkin, A20-0361, 2022 WL 2912048 (Minn. Ct. App. 7/25/2022).

“A broader interpretation means that you get more reasons to defend yourself. You don’t have to wait for somebody to hit you to defend yourself.”

There are two different kinds of domestic assault, fear assault and an actual physical assault. Self defense may be applicable in cases like these. However, it is critical to understand that every cases is very different. In end, this is about getting a “self-defense” instruction before the jury. Again, make sure you talk with an experienced Minnesota domestic assault attorney and hopefully somebody who is also a Board Certified Criminal Law Specialist.

“In the end, this means you can use force more broadly than to defend a direct physical assault.”

Jack Rice is a Board Criminal Law Specialist. He is also a former prosecutor, former CIA Officer, and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation of call 651-447-7650 or 612-227-1339.