Defenses

Reckless or negligent belief

—when defendant reasonably believes force is justified, but belief is reckless/negligent, justification is not a defense if recklessness/negligence satisfy culpability requirements for the offense

Specific defenses - Retreat

Deadly force—not allowed if it can be avoided by retreating, surrendering possession, or complying with demand that defendant abstain from a nonrequired act

Exceptions to Retreat

o Defendant not required to retreat in/from own dwelling/place of work (unless initial aggressor)

o Police (or person assisting police) justified in using necessary force to perform duties

Person unlawfully in dwelling

—occupant charged with killing/injuring unlawful intruder in dwelling has a defense if:

o Encounter between occupant and intruder was sudden and unexpected and compelled instantaneous action

o Occupant reasonably believed intruder would inflict personal injury upon occupant/another in dwelling or

o Occupant demanded intruder disarm/surrender and intruder refused

Resisting arrest

—force not justified if defendant knows/should know arrest made by officer

Entrapment defense

—unavailable if (1) threatening/causing physical injury is element of offense charged or (2) prosecution is based on threatening/causing injury to a person other than the person perpetrating entrapment

Victim characteristics

• Defendant not justified in using force against another based on discovery of/belief about victim’s sexual orientation, sex, gender, gender identity, or sex assigned at birth

• Discovery of/belief about such characteristics cannot be used to determine defendant’s (1) extreme emotional disturbance (or other mitigating factor) or (2) mental state relating to:

  • Intent

  • Knowledge

  • Capacity to appreciate wrongfulness

  • Culpability

  • Willpower to choose to act/refrain from acting or

  • Ability to distinguish right from wrong