MARSHALL — A Marshall business owner charged with assault earlier this year is claiming he acted in self-defense.

At a Tuesday hearing for Gregory Taylor, his attorney argued Taylor was within his rights to suggest that he had a gun in order to get a trespasser to leave his office.

Taylor, 77, is charged with second degree assault with a dangerous weapon, and making terroristic threats. A criminal complaint alleges that Taylor grabbed a handgun during a dispute with a man in Marshall in April.

The man, a tenant at a rental property owned by Taylor, had requested to vacate his apartment and asked for a copy of his lease agreement, the complaint alleged. The complaint alleged that Taylor told the man to leave, and grabbed a handgun.

In a statement to police, Taylor said the man had hesitated to sign a vacancy agreement, and later refused to leave the office until he got a copy of his lease, the complaint alleged. Taylor said he took a pistol down from a shelf and placed it in his back pocket, the complaint alleged.

Taylor appeared at a hearing in Lyon County District Court on Tuesday. At the hearing, attorney Andrew Small said Taylor intended to claim he acted in self-defense and with a reasonable use of force. Small said Taylor had no option other than to suggest he had a firearm in order to get the tenant to leave his office. He also argued that there was not enough evidence for the criminal charges against Taylor.

Prosecuting attorney Carlotta Navarrette argued that there was probable cause for the charges against Taylor, and asked the court to dismiss the defense’s motion.

District Court Judge Tricia Zimmer said she would consider the matter, and give a written decision at a later time.