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The Use of Non-Deadly Force
The law of self defense regarding the use of nondeadly force is as follows:
A defendant may use nondeadly force upon another when and to the extent the defendant believes it is necessary for self
defense against what the defendant believes to be the use of unlawful force by the other person. The defendant’s
beliefs must be reasonable under the circumstances.
However, a defendant may not use nondeadly force in self defense if
(1) the force involved was the product of mutual combat not authorized by law; or
(2) the defendant provoked the other’s conduct with intent to cause physical injury to the other; or
(3) the defendant was the initial aggressor.
In any of these three circumstances, the defendant may use nondeadly force if the defendant has withdrawn from the encounter
and effectively communicated the withdrawal to the other person and the other person persists in continuing the incident
by the use of unlawful force.
Unless the state has proven beyond a reasonable doubt that the defendant did not act in self defense, you shall find the
defendant not guilty.
Deadly Force and Self-Defense
The law of self defense regarding the use of deadly force is as follows:
A defendant may use deadly force upon another person when and to the extent the use of deadly force in self defense is
justified, and the defendant reasonably believes the deadly force is necessary for self defense against [death] [serious physical
injury] [kidnapping] [sexual assault in the first degree] [sexual assault in the second degree] [robbery in any degree].[However,
a defendant may not use deadly force in self defense if the defendant knows that, with complete personal safety and with complete
safety as to others, the defendant can avoid the necessity of using deadly force by retreating. [This “duty to
retreat” does not apply if the defendant is [on premises which the defendant owns or leases, and the defendant is
not the initial aggressor] [a peace officer acting within the scope and authority of the officer’s employment] [assisting
someone whom the defendant reasonably believes is a peace officer in making an arrest or terminating or preventing an escape].]]
Unless the state has proven beyond a reasonable doubt that the defendant did not act in self defense, you shall find the
defendant not guilty.
Deadly Force in Defense of Another
A defendant may use force upon another person when and to the extent the defendant reasonably believes it is necessary
to defend a third person when, under the circumstances as the defendant reasonably believed them to be, the third person would
have been justified in using that degree of force for self defense.
Unless the state has proven beyond a reasonable doubt that the defendant did not act in defense of a third person, you
shall find the defendant not guilty.
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