Section 2.21 Self-Defense

• Library: Tort Law 2016

C. (§2.21) Self-Defense

Self-defense is perhaps the most common affirmative defense to a claim of assault and battery. It is an affirmative defense that must be pled and proven. Zink v. Hile, 594 S.W.2d 344, 346 (Mo. App. W.D. 1980). For self-defense to apply, all of the following elements are required:

The defendant had reasonable cause to apprehend and did apprehend bodily harm from the plaintiff or some other person. The defendant did not create the situation that caused the defendant’s apprehension. The defendant’s actions were in defense of this apprehension of bodily harm to the defendant or some other person. The defendant used only such force as was reasonable and necessary.

MAI 32.11 [1998 Revision].

"[I]f there is any substantial evidence putting self-defense in issue, the trial court should instruct on self-defense, whether or not the instruction is requested." Moore v. Smith, 657 S.W.2d 664, 667 (Mo. App. E.D. 1983) (citing State v. Pride, 567 S.W.2d 426, 430 (Mo. App. E.D. 1978)).

To rely on self-defense, the defendant must have "reasonable cause" for believing the defendant is in danger. MAI 32.11...