Minnesota Law 609.065, When Deadly Force Is Legally Justified in Self-Defense

Minnesota Statute 609.065 governs when individuals can lawfully use deadly force to defend themselves or others. The law permits the intentional taking of another person’s 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. Understanding this statute is essential for Minnesota residents who want to know their legal rights and limits when facing life-threatening situations.

What Minnesota Statute 609.065 Authorizes

Minnesota Statute 609.065, titled “Justifiable Taking of Life,” establishes a narrow exception to Minnesota’s general prohibition against using deadly force. The statute states that intentional killing is not authorized by Minnesota Statute 609.06 except in two specific circumstances. First, deadly force is justified when necessary to resist or prevent an offense that the person reasonably believes exposes them or another to great bodily harm or death. Second, deadly force is justified when preventing the commission of a felony in the person’s place of abode.

Great bodily harm is legally defined under Minnesota law as bodily injury that creates a high probability of death, causes serious permanent disfigurement, or causes permanent loss or impairment of any bodily member or organ. This sets a high threshold for when deadly force becomes legally justified.

When Deadly Force Is Justified Under Minnesota Law

Deadly force is permitted under Minn. Stat. § 609.065 only when a person reasonably believes they face imminent great bodily harm or death. Imminent means the threat is immediate and unavoidable, not hypothetical or future harm. The reasonable belief standard evaluates whether an ordinary person in the same situation would believe deadly force was necessary based on the totality of circumstances known at that moment.

Minnesota courts assess reasonableness using both subjective and objective elements. The person must genuinely perceive an imminent threat of death or serious injury, and a reasonable person in the same circumstances must also perceive the same level of threat. This dual requirement ensures deadly force is grounded in common societal expectations of reasonableness, as clarified in State v. Richardson, 670 N.W.2d 267 (Minn. 2003).

The Castle Doctrine Exception in Your Home

Minnesota law recognizes the castle doctrine, which permits deadly force without a duty to retreat when preventing the commission of a felony in your place of abode. Your home is treated as a sanctuary where you should not be required to flee before defending yourself. This principle was established in State v. Carothers, 594 N.W.2d 897 (Minn. 1999), which held that requiring retreat from the home would force people to leave their safest place.

The Minnesota Supreme Court expanded this protection in State v. Glowacki, 630 N.W.2d 392 (Minn. 2001), ruling that there is no duty to retreat from your home when acting in self-defense, regardless of whether the aggressor is a co-resident. This means if you share your home with someone who threatens you with great bodily harm or death, you can use deadly force without attempting to flee. However, the force used must still be reasonable and proportional to the threat faced.

The castle doctrine applies specifically to your place of abode, which Minnesota courts have interpreted as your dwelling or residence. The protection does not extend to all locations. In State v. Devens, 852 N.W.2d 255 (Minn. 2014), the Minnesota Supreme Court held that a duty to retreat exists in the hallway of an apartment building because it is not within the boundaries of the dwelling itself.

Limitations on Using Deadly Force in Minnesota

Minnesota imposes strict limitations on when deadly force can be used. You cannot use deadly force to protect property alone. While Minn. Stat. § 609.06 permits reasonable force to resist trespass or unlawful interference with property, deadly force is only justified under Section 609.065 when preventing a felony in your home or when facing great bodily harm or death.

The duty to retreat requirement applies in public spaces. Before using deadly force outside your home, Minnesota law requires you to retreat if reasonably possible. This duty was reinforced in State v. Blevins (July 31, 2024), where the Minnesota Supreme Court ruled that individuals must retreat when reasonably possible before brandishing or displaying a deadly weapon in self-defense. Minnesota is not a stand your ground state, meaning you cannot use deadly force in public if safe retreat is an option.

Even when deadly force is legally justified, the amount of force must be proportional to the threat. Using excessive force beyond what is necessary can result in criminal charges even if the initial threat was genuine. Minnesota courts evaluate proportionality based on the specific circumstances of each case.

What Happens If You Use Deadly Force

If you use deadly force in Minnesota, you will likely face criminal investigation regardless of whether your actions were justified. Law enforcement will examine whether you reasonably believed you faced great bodily harm or death, whether retreat was possible, whether you were in your home, and whether the force used was proportional to the threat.

Self-defense under Minn. Stat. § 609.065 is an affirmative defense in criminal proceedings. This means you must present evidence supporting your claim that deadly force was justified. The prosecution may still charge you with murder, manslaughter, or assault, and a jury will ultimately decide whether your use of deadly force met the statutory requirements.

Document everything immediately after using deadly force. Call law enforcement, preserve evidence including witness statements and video footage, seek medical attention for injuries, and do not speak to investigators without an attorney present. Statements made immediately after a traumatic incident can undermine your legal defense even when your actions were justified.

Does Minnesota law allow deadly force in self-defense?

Yes, but only in limited circumstances. Minn. Stat. § 609.065 permits deadly force when necessary to resist or prevent an offense exposing you or another to great bodily harm or death, or when preventing a felony in your dwelling.

What is great bodily harm under Minnesota law 609.065?

Great bodily harm means bodily injury creating a high probability of death, serious permanent disfigurement, or permanent loss or impairment of any bodily member or organ. Minor injuries do not justify deadly force.

Can you use deadly force to protect property in Minnesota?

No. Minnesota law does not authorize deadly force solely to protect property. Deadly force is only justified when facing great bodily harm, death, or when preventing a felony in your home.

Do you have to retreat before using deadly force in Minnesota?

Yes, in public spaces. Minnesota requires retreat when reasonably possible before using deadly force. However, there is no duty to retreat from your home under the castle doctrine established in State v. Glowacki.

Does the castle doctrine apply to co-residents in Minnesota?

Yes. State v. Glowacki, 630 N.W.2d 392 (Minn. 2001) held that there is no duty to retreat from your home when acting in self-defense, regardless of whether the aggressor is a co-resident who lawfully lives there.

What should you do after using deadly force in Minnesota?

Call law enforcement immediately, preserve all evidence, seek medical attention, document the incident, and contact a criminal defense attorney before making any statements to investigators about what happened.

Last Updated: January 17, 2026

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

If you have used deadly force in self-defense or face criminal charges related to use of force in Minnesota, consult with a qualified criminal defense attorney immediately to protect your legal rights under Minnesota Statutes 609.065 and 609.06.

Stay informed, stay protected. — AllAboutLawyer.com

Citations:

• Minnesota Statute 609.065, Justifiable Taking of Life (2025), https://www.revisor.mn.gov/statutes/cite/609.065
• Minnesota Statute 609.06, Authorized Use of Force (2025), https://www.revisor.mn.gov/statutes/cite/609.06
• State v. Carothers, 594 N.W.2d 897 (Minn. 1999)
• State v. Glowacki, 630 N.W.2d 392 (Minn. 2001)
• State v. Richardson, 670 N.W.2d 267 (Minn. 2003)
• State v. Devens, 852 N.W.2d 255 (Minn. 2014)
• 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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