"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.