Michigan Domestic Violence Lawyer Brian J. Prain on Your Right to Use Force
to Defend Your Property From Being Taken or Damaged Without Having a Domestic
Violence Conviction...
As a Michigan Domestic Violence lawyer, I've gained a unique perspective in my practice about the types of situations that result in Michigan Domestic Violence charges. Needless to say, I see certain patterns emerge. One common scenario involves a struggle over property being taken or damaged (a cell phone is a common example). But if your spouse or significant other has taken your property or is threatening to break it, are you guilty of a Domestic Violence charge under MCL 750.81(2) for using force to prevent it?
Well, don't bother asking the cops who arrested you - they don't seem to know the law (nor do they care about your side of the story). This is where having a Michigan Domestic Violence lawyer rather than a "general practitioner" really helps. As a Michigan Domestic Violence lawyer, I know that in-fact, Michigan does recognize the defense of "Defense of Property," and has for over 100 years. If you were acting in lawful defense of your property, the law says you are NOT GUILTY of Domestic Violence. But it takes a good Michigan Domestic Violence lawyer to put that defense to work for you - there is no standard Jury Instruction on this defense and many lawyers are not even aware of this.
So how does this law work? Here are the guidelines for understanding whether or not Defense of Property applies to your case:
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The other person involved must have no right to the property (i.e. it cannot be jointly-owned property)
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You are only allowed to use "reasonable force," not excessive force. Other reasonable people in your position would need to think that, under the circumstances, force was necessary to prevent the taking or destruction of the property
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The law takes account of the fact that the excited circumstances may have caused you to slightly overreact
If you legitimately acted in defense of your property, why were you ever arrested to begin with? I wish I could answer that question. But the fact of the matter is that police, lawyers, and prosecutors don't always know about the law of Defense of Property like a good Michigan Domestic Violence lawyer. If you are facing a Michigan Domestic Violence charge, you should seriously consider speaking to a Michigan Domestic Violence lawyer - someone who concentrates on defending these charges. It could mean the difference between guilt and innocence. Every day, innocent people plead guilty or are convicted by juries because their attorneys failed to give them the full benefit of the law.
As a Michigan Domestic Violence lawyer, your case is what I do. At Prain Law, PLLC, we offer no obligation consultations, and we believe in taking the time to thoroughly listen to your story and evaluating your cases. If you are still reading this, why not call Prain Law, PLLC, your Michigan Domestic Violence lawyer and have a live conversation. Call us anytime at (248) 731-4543. Don't feel like talking but want answers? Fill-out the e-mail Contact Form