Minnesota Law 609.06, When You Can Legally Use Force in Self-Defense and the Duty to Retreat

Minnesota Statute 609.06 defines when individuals can legally use force to defend themselves or others from harm. The law establishes legal standards for reasonable force, specifies when force is justified to resist offenses against person or property, and requires individuals to retreat when reasonably possible before using force in public spaces. Understanding this statute is critical for Minnesota residents who want to know their legal rights and obligations when facing threats.

What Minnesota Statute 609.06 Authorizes

Minnesota Statute 609.06, subdivision 1, permits the use of reasonable force without another person’s consent in specific circumstances. Reasonable force means force that a person in the same situation would consider necessary to resist harm. The statute authorizes force when used to resist or aid another in resisting an offense against the person, when used to resist trespass or unlawful interference with property, and when used by public officers making lawful arrests.

The law applies when these circumstances exist or when the person reasonably believes them to exist. This reasonable belief standard evaluates whether an ordinary person in the same situation would believe force was necessary based on the totality of circumstances known at the time, not with hindsight.

Reasonable Force vs. Deadly Force Under Minnesota Law

Minnesota law distinguishes between reasonable force and deadly force. Reasonable force under Minn. Stat. § 609.06 includes physical actions proportional to the threat faced, such as pushing away an attacker or restraining someone attempting assault. Deadly force means force used with the purpose of causing death or great bodily harm, or force that creates a substantial risk of causing death or great bodily harm.

Deadly force is governed primarily by Minnesota Statute 609.065, which permits the intentional taking of life only when necessary to resist or prevent an offense that exposes the person or another to great bodily harm or death, or when preventing the commission of a felony in the person’s place of abode. Great bodily harm is legally defined as bodily injury creating a high probability of death, serious permanent disfigurement, or permanent loss or impairment of any bodily member or organ.

The Duty to Retreat Requirement in Minnesota

Minnesota imposes a duty to retreat when reasonably possible before using force in self-defense. This requirement stems from Minnesota case law, particularly State v. Basting, 572 N.W.2d 281 (Minn. 1997), which held that reasonable force may be used only in the absence of a reasonable possibility of retreat to avoid danger.

The Minnesota Supreme Court expanded this duty in State v. Blevins (July 31, 2024), ruling that individuals have a duty to retreat when reasonably possible before committing second-degree assault-fear with a dangerous weapon. The court held that a person cannot brandish a deadly weapon if retreat is reasonably possible, even when threatened. This means that before pulling a firearm, knife, or other dangerous weapon to threaten an attacker, Minnesota residents must attempt to retreat if they can do so safely.

The duty to retreat does not apply in all situations. Minnesota law recognizes a castle doctrine exception permitting deadly force without retreat when preventing the commission of a felony in one’s dwelling or place of abode. When a person is in their home and faces a felony threat, they are not required to flee before using deadly force.

When Reasonable Force Is Justified in Minnesota

Under Minn. Stat. § 609.06, subd. 1(3), reasonable force is justified when used by any person in resisting or aiding another to resist an offense against the person. This covers situations where someone faces assault, battery, or other attacks against their physical safety. Force is also justified under subdivision 1(4) when used by anyone in lawful possession of property to resist trespass or unlawful interference with that property.

The force used must be proportional to the threat. If someone pushes you, responding with a baseball bat or firearm would constitute excessive force and could result in criminal charges. The threat must be imminent, meaning immediate and unavoidable, not hypothetical or future harm.

Common Misconceptions About Minnesota Self-Defense Law

Many Minnesota residents incorrectly believe the state has stand your ground laws permitting use of force without retreating. Minnesota is not a stand your ground state. Unlike states such as Florida or Texas, Minnesota requires retreat when reasonably possible before using force in public spaces.

Another common myth involves the scope of the castle doctrine. While Minnesota law allows deadly force without retreat to prevent felonies in your home under Minn. Stat. § 609.065, this exception does not extend to all locations. You cannot claim castle doctrine protection if attacked in a parking lot, on the street, or in most workplaces.

Some people believe that claiming self-defense automatically shields them from criminal charges. This is false. Self-defense is an affirmative defense that must be proven. Even if you faced a genuine threat, using excessive force beyond what was reasonable or failing to retreat when possible can result in assault convictions. Minnesota courts evaluate self-defense claims based on whether the person was the initial aggressor, whether they actually believed imminent danger existed, whether that belief was reasonable, and whether retreat was possible.

Understanding Your Rights Under Minnesota Law 609.06

If you face a threatening situation, Minnesota law requires you to assess whether retreat is safely possible before using force. You should move away from danger if you can do so without increasing risk to yourself or others. Only when retreat is not reasonably possible or when you are in your home facing a felony threat does Minnesota law permit use of force without retreat.

Document any incident where you use force in self-defense. Call law enforcement immediately, preserve evidence such as witness statements and video footage, and seek medical attention for injuries. If you are charged with assault after using force, consult with a qualified Minnesota criminal defense attorney who understands self-defense law.

Does Minnesota have a duty to retreat?

Yes. Minnesota courts require individuals to retreat when reasonably possible before using force in self-defense. This duty applies even before brandishing a weapon. The duty to retreat does not apply when you are in your home facing a felony threat.

When can you use deadly force in Minnesota?

Deadly force is justified under Minn. Stat. § 609.065 only when necessary to resist or prevent an offense exposing you or another to great bodily harm or death, or when preventing commission of a felony in your dwelling. You must retreat if possible unless you are in your home.

Is Minnesota a stand your ground state?

No. Minnesota is not a stand your ground state. Minnesota law requires retreat when reasonably possible before using force in public spaces. Stand your ground laws, which exist in other states, eliminate the duty to retreat.

What is the castle doctrine in Minnesota?

Minnesota’s castle doctrine permits use of deadly force without a duty to retreat when preventing the commission of a felony in your place of abode. This exception applies only in your home, not in public spaces or most workplaces.

Can you defend someone else under Minnesota law 609.06?

Yes. Minn. Stat. § 609.06, subd. 1(3) authorizes reasonable force when used to aid another in resisting an offense against the person. You can use force to protect others, but the same duty to retreat and proportionality requirements apply.

What happens if you use excessive force in Minnesota?

Using force beyond what is reasonable can result in criminal assault charges even if you faced a real threat. Minnesota courts assess proportionality, and excessive force negates self-defense claims. You could face imprisonment and fines for assault.

Last Updated: January 17, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

If you have used force in self-defense or face assault charges in Minnesota, consult with a qualified criminal defense attorney who can evaluate your specific situation under Minnesota Statutes 609.06 and 609.065.

Stay informed, stay protected. — AllAboutLawyer.com

Citations:

• Minnesota Statute 609.06, Authorized Use of Force (2025), https://www.revisor.mn.gov/statutes/cite/609.06
• Minnesota Statute 609.065, Justifiable Taking of Life (2025), https://www.revisor.mn.gov/statutes/cite/609.065
• State v. Basting, 572 N.W.2d 281 (Minn. 1997)
• State v. Blevins, A22-0432 (Minn. July 31, 2024)

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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