10 Minn. Prac., Jury Instr. Guides–Criminal CRIMJIG 7.07 (6th ed.)

October 2017 update

Part I. The General Part

1. General Principles of Criminal Law

Chapter 7. Defenses—Miscellaneous

CRIMJIG 7.07 Self-Defense—Revival of Aggressor’s Right of Self-Defense

If the defendant began or induced the (offense [1]) (assault) that led to the necessity of using force in the defendant’s own defense, the right of the defendant to stand (his) (her) ground and thus defend (himself) (herself) is not immediately available to (him) (her). Instead, the defendant must first have declined to carry on the assault and have honestly tried to escape from it, and must clearly and fairly have informed the adversary of a desire for peace and of abandonment of the assault. Only after the defendant has done that will the law justify the defendant in thereafter standing (his) (her) ground and using force against the other person. [An “assault” is (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.]


1. The offense must be an offense against the person. See M.S.A. §§ 609.06 and 609.065.