Self Defense and Defense of Others in Missouri

Self Defense and Defense of Others in Missouri

In Missouri, some acts of physical force, and even deadly force, which would normally result in criminal penalties are, under certain circumstances, considered justifiable and not criminal.  Two of the more common justification defenses are self-defense and defense of others. 

Physical force, not arising to the level of deadly force, is considered justified when and to the extent a person reasonably believes such force is necessary to defend themselves or a third person from the use or imminent use of unlawful force by someone else. Physical force may also be used if a person reasonably believes it is necessary to prevent the commission or attempted commission of stealing, property damage, or tampering with a motor vehicle by another person. 

Deadly force is physical force which the person uses with the purpose of causing or which the person knows to create a substantial risk of causing death or serious physical injury.  Deadly force may be justified when and to the extent a person reasonably believes such force is necessary to defend themselves or a third person from the use or imminent use of unlawful force by someone else if 

• they reasonably believe that such force is necessary to prevent themselves or others from death, serious physical injury, or any forcible felony;
• such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by the person using deadly force; or
• they are forced to defend themselves or others against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property the person using deadly force owns, leases, or has been given permission by the property owner to occupy. 

There is no duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining; from private property that is owned or leased by that person; or from any location such person has the right to be.  

If charged with a crime, the defendant must inject the issue of self-defense or defense of others at trial.  There must be substantial evidence of self-defense or defense of others to compel the trial judge to submit a proper instruction on that issue to the jury.  However, once an instruction is submitted to the jury on the issue of self-defense or defense of another, the state is required to prove the defendant did not act in lawful self-defense or in lawful defense of another beyond a reasonable doubt to obtain a conviction.

If you, a family member, or friend has been accused of or charged with a crime in Missouri because of the use of force or deadly force, and you believe the use of such force was justified, our legal team at Parker Law LLC is committed to achieving the most favorable outcome possible.  At Parker Law LLC, we believe in pursuing excellence with every client.