Yes, you CAN claim Self-Defense against a charge of Domestic Violence in Michigan
As a Michigan Domestic Violence (also called "Domestic Assault") defense lawyer, one of the more common questions I get these days is "Can I claim self defense to Domestic Violence in Michigan?" This question arises where one of our clients is accused and charged with a Michigan Domestic Violence offense under MCL 750.81(2), but in-fact, they were the one who was attacked. We've all heard about Self-Defense on TV. But can I claim self defense to Domestic Violence in Michigan?
The first part of the question really means "Is the law of Self-Defense applicable to Domestic Violence in Michigan in general?" YES, it is. Self Defense is applicable to all assaultive crimes in Michigan. In-fact, the Michigan Self-Defense Act, MCL 780.972 (can I claim self defense to domestic violence in Michigan), does not contain any restrictions as to what it applies to.
The second part of the question "Can I claim Self Defense to Domestic Violence in Michigan?" is to ask "Does it apply to the specific facts of my case?" The answer to that question is very case-specific, and it depends on whether your facts satisfy the 7 elements of the standard Self-Defense Jury Instruction. If it does apply, you are absolutely entitled to a verdict of NOT GUILTY of Domestic Violence. Here's the good news:
If you call Prain Law, PLLC, and ask "Can I claim Self Defense to Domestic Violence in Michigan?" and a real Michigan Domestic Violence lawyer will be more than happy to sit and listen to the facts of your case and let you know whether Self-Defense or some other defense is the best for you. Call is anytime at (248) 731-4543. Or, fill-out the Contact Form.