Lesson 6.2: Minnesota Deadly Force Law
Purpose of This Lesson
Deadly force is the highest level of force.
This lesson introduces Minnesota Statute 609.065, which addresses when the intentional taking of life may be legally justified.
Justifiable Taking of Life
Under Minnesota Statute 609.065, the intentional taking of life is not authorized except in limited circumstances.
The statute focuses on two main areas:
- When necessary to resist or prevent an offense that the person reasonably believes exposes the person or another to great bodily harm or death.
- When necessary to prevent the commission of a felony in the person’s place of abode.
This is serious language.
Deadly force is not justified because a person is angry, generally afraid, protecting pride, protecting property alone, or trying to win a confrontation.
Reasonable Belief and Necessity
The law does not look only at what a person says they felt.
The belief must be reasonable under the facts and circumstances. What did the person see? What did the other person do? Was the threat immediate? Was there a weapon? Was there a major difference in size, strength, numbers, or ability?
Deadly force also must be necessary. It is not a tool of convenience. It is not used because it is easier than leaving, easier than using words, or easier than accepting insult.
If deadly force is used, the facts must support why it was necessary.
Place of Abode
Minnesota Statute 609.065 also refers to preventing the commission of a felony in the person’s place of abode.
For this course, place of abode means the place where a person lives or dwells. In plain language, think home or dwelling.
It does not mean every place a person has a right to be. It does not automatically include a vehicle, workplace, yard, public place, or someone else’s property.
Duty to retreat and place of abode are addressed more fully in a separate lesson.
Davey Defense Standard
At Davey Defense, deadly force is taught as the last resort for the worst day of your life.
You do not use deadly force for anger, pride, ego, insult, or property alone.
Deadly force is only considered when the facts support a reasonable belief that you or another person faces imminent death or great bodily harm, or when Minnesota law allows it to prevent a felony in the person’s place of abode.
If you can safely avoid the fight, avoid it. If you can leave, leave.
Just walk away. Live another day.
If deadly force is ever used, you must be able to explain why it was necessary, reasonable, and lawful.