"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
.
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.
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.