If you've been charged with a crime in Michigan, and have a claim of self defense, you must speak to an experienced Michigan defense attorney immediately. If a defendant presents evidence of self-defense, the prosecution must prove beyond a reasonable doubt that it was not self-defense; the defendant has no burden.
There are two district types of self defense in Michigan, deadly force and non-deadly force. The general principle is that you cannot use force that goes what is beyond necessary for the situation. In Michigan, you do not need to retreat before using force or deadly force as long as:
- the person was not engaged in the commission of a crime
- they must be in a place they have a legal right to be
- they must honestly and reasonable believe that the use of deadly force is necessary to prevent imminent death, sexual assault or great bodily harm to themselves or another
- must honestly and reasonable believe that the use of force is necessary to defend themselves or another person from the imminent use of unlawful force
Finally, when a jury decides whether the amount of force used seemed to be necessary, the jury may consider whether the defendant knew about any other ways of protecting himself/herself, but you may also consider how the excitement of the moment affected the choice the defendant made.
In Michigan, one is allowed to use the same force to protect a third-party as they could to defend themselves; there is no requirement of a relationship between the defender and the 3rd party; this could be your family member or a complete stranger.
There are two district types of self defense in Michigan, deadly force and non-deadly force. The general principle is that you cannot use force that goes what is beyond necessary for the situation. In Michigan, you do not need to retreat before using force or deadly force as long as:
- the person was not engaged in the commission of a crime
- they must be in a place they have a legal right to be
- they must honestly and reasonable believe that the use of deadly force is necessary to prevent imminent death, sexual assault or great bodily harm to themselves or another
- must honestly and reasonable believe that the use of force is necessary to defend themselves or another person from the imminent use of unlawful force
Finally, when a jury decides whether the amount of force used seemed to be necessary, the jury may consider whether the defendant knew about any other ways of protecting himself/herself, but you may also consider how the excitement of the moment affected the choice the defendant made.
In Michigan, one is allowed to use the same force to protect a third-party as they could to defend themselves; there is no requirement of a relationship between the defender and the 3rd party; this could be your family member or a complete stranger.