Michigan Assault and Self Defense Laws

Michigan Assault Defense Attorney Discusses How the Michigan Self Defense, Act Works

As an effective Michigan Assault Attorney, I defend those accused of (simple) Assault, Assault and Battery, Domestic Assault, Aggravated Assault, Felonious Assault, (to name a few) in Michigan Courts on a daily basis. If you find yourself facing any one of these charges you may very well be asking yourself the question of whether or not you could invoke the legal theory of self defense in your case.

Let's take a look at how the Michigan Self Defense Act works - it may surprise you!

Self Defense is applicable to more situations than people charged with these assaultive crimes tend to believe, at first. You may not have been aware that Michigan has a Self Defense, Act MCL 780.971, et seq. It reads exactly as follows with regard to the use of non-deadly force in Self Defense:

"[a]n individual who has not or is not engaged in the commission of a crime at the time he or she uses force, other than deadly force, may use force, other than deadly force, against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonable believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual."

Throughout the years, the Michigan Assault case law that has developed around the Self Defense Act, and the common law of Self Defense itself, has greatly expanded and profoundly complicated the scenarios of when you can and cannot claim self defense.

Here are the general principles of Self Defense when facing a Michigan Assault charge:

• 1) you have the right to use force to defend yourself under certain circumstances. If you act in lawful self defense or defense of others, your actions are justified, and you are not guilty of the 'Assault' you are charged with.
• 2) in a Michigan Assault charge, your conduct will be judged according to how the circumstances appeared to you at the time (moment) of the incident.
• 3) at the time of the incident, you must not have been engaged in the commission of a crime (i.e. unlawful entry into the home or building of another, etc.)
• 4) you must have honestly and reasonably believed that you had to use force to protect yourself from the imminent unlawful use of force by another. If, during the trial of a Michigan Assault charge, a Judge or Jury finds that your belief was honest and reasonable, it means you were allowed to act right away to defend yourself. You DO NOT have to wait until the other person touches you, grabs you, or hits you, in order to hit them. (this is true even if later it turns out that you were wrong about how much danger you were in).
• 5) to beat the Michigan Assault charge using the Self Defense Act, you are only allowed to use the degree of force that seems necessary at the time to protect yourself from danger. You must have used the kind of force that was appropriate to the attack made and the circumstances as you saw them. When the Judge or Jury decides whether the force you used was what seemed necessary, they will consider whether you knew about any other ways of protecting yourself. However, they are also allowed to consider how the excitement of the moment affected the choice you made. As the Michigan Supreme Court once stated, "a person in a state of excitement cannot be expected to make fine distinctions as to the extent of injuries likely to be inflicted and, thus, the amount of force needed for self-defense".
• 6) the right to defend yourself lasts only as long as seems necessary for the purpose of protection.
• 7) you must not have acted wrongfully in the first place to bring about the assault.

A good Michigan Assault Attorney understands the finer details of the law and can, even without going to Trial, present your case to the Prosecuting Attorney in a light that shows the high likelihood of Self Defense, encouraging the best possible plea deal (if applicable and/or the defendant is interested).

Understanding Michigan's Stand Your Ground & Deadly Force Laws

The concept of Self Defense as a complete defense to a criminal charge came from the Roman empire and evolved into the English "common law." Today, the main source of the Michigan Self Defense laws is the Michigan Self Defense Act, MCL 780.972. It talks about both the use of deadly and non-deadly force: " 

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

• (a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
• (b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual."

The Michigan Self Defense laws are among those referred to as " Stand Your Ground," just like Florida and Texas, because as you they do not require you to try to retreat from an attacker before using appropriate force to defend yourself or another person. However, when an accused person goes on trial for Assault, the above is not the remarks the Judge will read to the Jury about the Michigan Self Defense laws. Instead, the Judge will read the Jury the standard Michigan Criminal Jury Instruction 7.22, called Use of Nondeadly Force in Self-Defense or Defense of Others.

When considering your claim of Self Defense, the Jury is told that: they must look through your eyes as the circumstances appeared to you, that you can only use the degree of force that seems necessary (but some overreaction due to excitement is acceptable), and that someone who wants to use the Michigan Self Defense laws to their advantage cannot act wrongfully and bring on an attack, but that just using words don't take away your right to Self Defense.

Can You Claim Self-Defense If you Are Charged with Felonious Assault? 

Felonious Assault Charges in Michigan (properly called Assault With a Dangerous Weapon), under MCL 750.82, can carry up to 4 years in Prison for a 1st offense and even more if you are charged as an Habitual Offender. But believe it or not, all it takes for you to be charged by the Prosecutors is for someone to merely accuse you of Felonious Assault. But don't plead guilty! Even if you did possess a "dangerous weapon," you may be legally entitled to claim Self-Defense. Here is how it works . . . If you are facing Michigan Felonious Assault charges, a finding by a Judge or Jury that you acted in Self-Defense will result in a verdict of NOT GUILTY!

IF you wish to claim Self-Defense, the following rules apply:

1. At the time, you must not have been engaged in the commission of a crime. For example, a person who breaks and enters into someone's home with a dangerous weapon cannot claim Self-Defense if they are also charged for conduct that occurs in the home.
2. You must have honestly and reasonably believed that you had to use force to protect yourself from the imminent unlawful use of force by another person. If the Judge or Jury finds that you belief was honest and reasonable, you were allowed to act at once to present the weapon in defense of yourself, even if it turns out later that you were wrong about how much danger you were in.
3. You can only use as much "force" as necessary. The Judge or Jury is allowed to consider whether you knew of other ways to defend yourself (i.e. running away, etc.). However, the Judge or Jury looks at this through YOUR eyes, and is allowed to consider how the excitement of the moment may have affected you even if they believe you overreacted. Anyways, Felonious Assault charges in Michigan do not typically involve actual "force.
4. You can only present the weapon in your defense for as long as it is necessary to protect yourself.
5. You must not have acted wrongfully and brought on the attack from the other person. However, your words alone are not enough for a Judge or Jury to find that you "acted wrongfully" and therefore convict you of this crime.

Will I Go To Jail For Self-Defense?

In Michigan, anyone is allowed to use non-lethal force against another person in any location where he/she has the legal right to be, if he/she has reason to believe such force is required to defend himself/herself—or another person—from another person’s imminent unlawful use of force. Additionally, since there is no duty to retreat, a person using self-defense does not need to initially avoid the aggressor before using non-deadly force.

The following are several reasons why you can go to jail despite claiming self-defense:

• You are the aggressor – Let’s say someone insults you and—in retaliation—you punch or attempted to punch that person in the face. If the insulter didn’t threaten great bodily injury, he/she is legally justified in using non-deadly force to protect himself/herself. Even if you have a hunch someone will hit you, using force in self-defense is not a valid reason.
• You use deadly force – When you use self-defense, the degree of force must mirror the level of perceived threat. In other words, only a proportional response is allowed to make a self-defense claim. This means that if someone punches you, you are prohibited from pulling out a gun and shooting the other person. However, the use of deadly force is permitted in Michigan if you believe such force is necessary to prevent imminent death, great bodily harm, or sexual assault of yourself or another person.
• Imperfect self-defense – Similar to the reason above, this often applies when someone kills another individual out of a genuine fear of immediate physical harm. However, an objective person may not believe the fear is reasonable. Although this defense may leave you vulnerable to criminal charges, it may result in a reduced charge or lighter penalties.

In the event of an arrest for assault and battery, our Michigan criminal defense attorney at Prain Law, PLLC is dedicated to protecting your rights and future. If you believe you have a valid reason to use self-defense, we can investigate your arrest, collect evidence, and build an effective defense strategy to either have your entire case dismissed or your penalties reduced.

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