Michigan Self Defense Laws - Michigan Assault Lawyer

Self defense laws"My name is Brian J. Prain, and I am a Michigan Assault lawyer ." Unlike other Criminal Defense Lawyers advertising, I can honestly say that because every person I defend is accused of an Assaultive crime, like Assault and Battery , Domestic Assault (Domestic Violence) , Aggravated Assault , Felonious Assault (Assault With a Dangerous Weapon) , Sexual Assault , Murder , and others. Each day, I am asked " What are the Michigan Self Defense laws? Do the Michigan Self Defense laws apply to my case ? Do the Michigan Self Defense laws include stand your ground? " The answer to all of the above: Yes . STOP RIGHT THERE! If you are reading because you or someone you know is facing an Assault charge in Michigan, call the Michigan Assault Lawyer right now at (248) 731-4543 and I'll personally explain this to you as it relates to your case. The Michigan Self Defense laws apply to all Assaultive charges (with the exception of Sexual Assault), up to and including the killing of another human being, with or without a weapon. The Michigan Self Defense laws even give a large man the right to claim self-defense against a Domestic Assault charge with his smaller spouse . Also, it is not your job to prove you acted in Self Defense - if the Prosecutor cannot prove beyond a reasonable doubt that you were not acting in Self Defense, you are NOT GUILTY and the Assault charge is over .
RELATED: learn more about how evidence of past violence by your alleged victim can help your defense of Self Defense.
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.
RELATED: learn more about how the Michigan Self Defense laws will be read to the Jury in the Jury Instruction.
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.

As a Michigan Assault lawyer, nearly every case I take to Jury Trial involves a claim of Self-Defense. Through trial (and error), I am proud to say that I believe we've reached a point where we've perfected the method for successfully using the Michigan Self Defense Laws to turn an ugly Assault charge into a verdict of NOT GUILTY. While the specifics cannot be revealed publicly, I will say that the "magic" begins in Jury selection with a very carefully structured set of questions and continues nearly until the end of closing argument. Call us anytime at (248) 731-4543 The consultation is obligation free, but the information is priceless.

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