Self-Defense Law in Michigan – A Quick Overview
Michigan law recognizes the right of individuals to defend themselves when faced with imminent harm and, under certain circumstances, to use deadly force. Before dissuading yourself from ever invoking self-defense, you should speak with an experienced defense lawyer to fully understand your situation.
The law in Michigan does not require the government to prove that you were at fault, or that you provoked a fight, for a self-defense claim not to be viable. In fact, contrary to popular belief , you may use force that is intended to defend yourself if you are being threatened. A jury may consider the ability of an aggressor to avoid confrontation. The key to any case rests not on the level of violence or the extent of injuries suffered by any of the parties involved, but on the perception of the person responding to the threat. If you reasonably believe that you are about to be killed — particularly if you are not the initial aggressor — you may be entitled to use deadly force. It is important to get all the facts in evidence upon which a jury may find that the use of deadly force was justified.
The Castle Doctrine in Michigan
In Michigan, the concept of self-defense is intimately linked with the so-called "castle doctrine." As a practical matter, this doctrine states that you have no duty to retreat before using force to defend yourself against an aggressor. Moreover, the castle doctrine specifically states that you do not have the duty to retreat from your home or motor vehicle before using reasonable force in self-defense.
As one might expect, Michigan law has codified the castle doctrine:
- (1) Subject to section 5 and Chapter IX of the code of criminal procedure, MCL 776.1 et seq., a person may use force against another person when and to the extent that the person reasonably believes that the use of such force is necessary to defend against the other person’s imminent use of unlawful force.
- (2) A person is justified in using deadly force against another person if at the time of the assault the person has an honest and reasonable belief that the use of deadly force is necessary to prevent imminent death, serious bodily injury to himself or herself, or the commission of a forcible felony. This justification includes self-defense, defense of another individual, defense of property, and the recovery of property if the person reasonably believes that the property is in immediate danger of being lost or destroyed.
- (3) A person described in subsection (2) is not justified in using deadly force against an individual to resist an arrest that the person knows is being made by a peace officer, or a peace officer’s deputy, or a private person assisting a peace officer’s deputy under MCL 764.15, even if the arrest is unlawful, unless the person using force knows or should know that the person making the arrest is a peace officer or peace officer’s deputy acting in the performance of his or her duties.
- (4) This section does not permit a person to use force if that person knows that the instant he or she willfully agrees to be removed from a building or property owned by another person. The property owner or another person with permission of the property owner may use reasonable force to remove a person from the property.
Michigan’s “Stand Your Ground” Law Explained
Unlike Florida, California, Texas and many other states, Michigan does not have a "Stand Your Ground" law. The applicable statutes in Michigan with respect to the use of deadly physical force are the Castle Doctrine (MCLA 780.781) and the "Duty to Retreat" principle (MCLA 780.972). In Michigan, the Castle Doctrine codifies the common law "no duty to retreat" rule. The "Duty to Retreat" principle establishes a duty to retreat as long as you can do so in complete safety.
According to Michigan case law, the "Duty to Retreat" principle is a rule of reasonableness and is governed by the "totality of circumstances." See People v McCoy, 428 Mich 41 (1987). Michigan courts have held that the general rule is that a person is not justified in using deadly force to protect themselves even if a real and honest belief exists that immediate murder or great bodily harm intends to be inflicted upon them. See People v Riddle, 467 Mich 116 (2002). Rather, a person must retreat as long as they can do so in complete safety. Based on the case law, a person may use deadly physical force under Michigan law only when it is reasonable, appears absolutely necessary and no intent to endanger innocent bystanders is present. See People v Hall, supra (internal citations omitted). Therefore, regardless of whether you are a person in your home or a "person" outside of their home, Michigan’s existing case law has rejected "stand your ground" principles.
Justifying Self-Defense Under the Michigan Self-Defense Statute
In order to properly and successfully assert a claim of self-defense in Michigan, three legal criteria must be met:
- The threat must be imminent. The Michigan Supreme Court has defined "imminent" as something which is "immediate and impending." Imminence allows for a certain amount of flexibility surrounding time. For example, in some instances the requirement of an imminent threat may not be met if the threat is serious but not immediate. In such an instance, a person may not act in self-defense if the person has time to retreat or seek help from law enforcement. In fact, a person does have the duty to retreat from danger when that person knows he or she has a choice between retreat and attack.
- The response to the threat must be proportional. A defendant in a homicide prosecution cannot claim self-defense if the manner of force used in claiming self-defense was more than necessary to defend himself. It is also well settled law that a defendant in a homicide prosecution cannot claim self-defense if the situation did not call for the use of deadly force. In other words, deadly force must only be used in self-defense if a reasonable person would have determine that such force was needed to prevent serious harm or death.
- The threat must be unlawful for a response to self-defense to be justified. A threat does not become a danger as long as a person is simply defending himself during a non-deadly confrontation. In addition, a person does not have the right to claim self-defense where he or she was the aggressor who provoked the situation.
Michigan Law Regarding Firearm Possession and Self-Defense
Since there are self-defense laws dealing with firearms throughout the United States as well as various states, it can be difficult to know what is acceptable and what is not in Michigan. These six important guidelines can help answer questions about self-defense laws for executing a gun near others as well as using your firearm on another person. When it comes to the law of defending yourself, in Michigan, there is, in essence, a "presumption" that a person staying home when a person breaks in or breaks through something into their house, an unoccupied dwelling, they are doing so for an illegal/evil purpose. Meaning it is assumed that they may cause or try to cause harm to inhabitant(s) when they enter the home to commit larceny or violence. In this way, a homeowner does not have to retreat or think of attempting to bypass a being as seen in other states when facing confrontational circumstances where a lawful inhabitant of a residence is. The current citizens of Michigan do not need to pleasant towards a trespasser, since the presumption is that the trespasser is a wrongdoer. It is suggested, however, that the homeowner call the police to advise them of the break-in instead of taking action themselves when it comes to using deadly force in any way. When it comes to a person breaking into a business and becomes a threat somewhere else that the business owner has authority to control, Michigan law does not give specific rules to follow. It is ultimately up to an observer’s (the business owner’s) discretion, as they may have to remove the trespasser from the property. There is no assumption that the trespasser is a robber or thief, nor would it fall under the previous "presumption" of a home invasion, but a person who is deemed as "trespassing" on someone else’s property as a means of doing harm and acting out violently, Michigan law considers that willful/unlawful behavior and can be dealt by a forceful counterattack. Many people while online find complicated wording and explanations pertaining to Michigan self-defense laws, but the reality is these laws, according to Michigan, are very simply put: A person has the option to act on their own behalf and protect themselves with the minimum amount of force in the best way possible when in a situation where they believe they will be harmed when acting with sincere belief that they have an imminent threat against them with no other way to escape physically. ‘Using minimum force’ can be explained a little further and do so quite easily, because the only place minimum force applies is if you are not carrying a firearm and are likely to suffer great harm from the attack made upon you. Anyone who is carrying a firearm under concealed carry laws is allowed, according to Michigan state law, to use deadly force when they believe it is necessary to prevent imminent harm or serious bodily injury to themselves or to another person.
Self-Defense When Engaged in a Public or Private Activity in Michigan
The same legal principles apply because if you are not in a situation where you feel that a deadly force would not be imminently inflicted upon you (or other people), then under the law you do not have the right to use deadly force, whether in public or private. You would need to be in an area where you had the right to be and the other person did not, or you were legally entitled to be where you are, to use the legal theory of self-defense, to use deadly force.
There are self-defense laws that apply to people that go into other people’s property, or else, that are in a private area where deadly force is used against them. That may apply to a home where the person has followed the people from, for example, a bar to the parking lot, after the bar has closed down and it is five o’clock in the morning and you have not been invited back on their property and you are being attacked , either violently, or being pulled and dragged by them. If a deadly physical force is being used against you where other people would deem it necessary for you to defend yourself, then you can legally do that. However, you have to also be where you legally are entitled to be; and this is where you end up with the people that were shot at in the police hearing and, remember, some of these were witnesses for the prosecution; apparently, at least one, if not two, of them had been trespassing themselves on somebody’s property. You have to be legally entitled to be there, and you have to be legally entitled to be there with the person that is attacking you in order to justify the use of deadly physical force. Most people would expect those people to have their cases dismissed, although I would not be surprised if this does not go to trial. We will find out.
Examples of Self-Defense in Michigan Case Law
Michigan Courts have recently addressed the issue of self-defense in a couple of cases. One is a Court of Appeals case from July, 2017, and one is a published opinion from the Michigan Supreme Court issued in December, 2016.
In People v. McReavy, 2017 WL 3080958 (Mich. App. July 20, 2017), the defendant argued on appeal that he was acting in self-defense as required elements of assault with the intent to commit great bodily harm were not proved by the prosecutor. In affirming the conviction, the court held that there was evidence to support the jury verdict because the testimony of the complainant that she suffered a black eye the day before the altercation was sufficient to support the conviction of aggravated assault.
In People of the State of Michigan v. Kyle Robert Bynum, Case No: 326504, December 6, 2016, the Michigan Supreme Court, 2016 WL 6127760 (M.C.B. 2016), affirmed the conviction of a defendant for first-degree home invasion and assault with intent to commit great bodily harm reasoning that he could not argue an affirmative defense of self-defense to the charges that he assaulted the victim with a firearm. The defendant claimed the victim was an unwanted intruder inside his home and that the victim had previously threatened to kill him, and threatened the defendant’s family. The court held that the defendant’s response to the victim’s threats was "violent retaliation" and that the evidence showed the defendant was the initial aggressor whose actions were "not justified."
Legal Repercussions of an Unjustified Self-Defense Claim in Michigan
Michigan self-defense laws are rigorous about the requirement that you have a reasonable belief of an imminent and unlawful physical attack against you, and that your response is necessary and proportional to safely escape that threat. If you believe you need to use deadly force to protect yourself, it’s critical that you understand the extremely high standard Michigan law requires for the use of deadly force.
If you believe the law that permits the use of deadly force has been violated and the self-defense claim is a criminal charge, the matter should be reported to law enforcement. When someone claims to have acted in self-defense but does not conform to the law, prosecutors may charge them with a crime rather than dismissing a case. That decision is made on a case by case basis, but if the facts justify it, it is a moral imperative to hold persons abusing the law accountable as a matter of law and for public safety. If you or a family member has been harmed by a crime which was falsely alleged to be self-defense you have a right to seek the filing of a complaint against the person who falsely claimed it.
Most often, the facts and circumstances should be garnered to make a forensic evaluation of a legal claim of self-defense, preferably before the criminal charges are dropped or reduced. Prosecutors must be careful to ensure the requirement of probable cause has been met prior to declining to file charges or nolle prosequi in criminal restraining order cases alleging assault and battery and domestic violence threats. If you know of a victim falsely and deliberately claiming self-defense or filing a false Domestic Violence and Disorderly Persons Restraining Order in Michigan, report it to the prosecutor immediately. It must be known that the law is being abused and that public safety and taxpayer interests are served best by holding the aggressors in these cases accountable for their conduct in filing such false and frivolous claims.
It is a serious crime to falsely file a police report or obtain, or make application for, a Personal Protection or Domestic Violence Restraining Order to harass, annoy, embarrass, intimidate, or otherwise injure another, or to gain a financial advantage. A first offense is a felony punishable by imprisonment up to two years and a $500 fine or both. A second or subsequent offense is a felony punishable by imprisonment of up to four years and a $1000 fine or both. A false application for a Personal Protection or Domestic Violence Restraining Order in Michigan also subjects the person to civil liability for damages to the person injured as a result of that false application. The person may also be ordered to pay reasonable costs and attorney fees to the successful injured party in a domestic violence negligence lawsuit.
For example, if the person who obtained the PPO or DVSRO (see DVIPA) and then assaulted you and caused you injury, after making a false application for the PPO or DVSRO, you likely will prevail in court against the person who obtained the PPO or DVSRO. A typical scenario dangerous to public safety is that the person who obtained the PPO or DVSRO intentionally, and with knowledge of the falsehood, files the report or obtains the PPO or DVSRO to gain leverage and thereby avoid being arrested for an assault and battery, or to perpetrate another crime, such as theft, against the person being falsely reported upon in order to get away with it, and then harms that person.
For instance, the person who obtains the PPO or DVSRO may facilitate access to the subject of that PPO or DVSRO from which the subject was physically prevented from approaching for the duration of the PPO or DVSRO and thereby assault, harass, embarrass, intimidate, or otherwise injure the person against whom the PPO or DVSRO was granted, subjecting them to the risk of physical harm from that person despite the PPO or DVSRO. This is particularly common where the subject of the PPO or DVSRO is a minor child who is also assaulted, harassed, intimidated, or otherwise injured, and whose parent(s) did not want the PPO or DVSRO against the other parent, instead wanting an appropriate restraining order and order for supervision of the parenting time and possession schedule to be put in place, along with a formal case to appear before a judge.
These types of criminal and civil matters may be exceptionally complex and require a considerable degree of expertise to navigate for representation. For that reason, it is essential to discuss the specific facts and circumstances with a qualified attorney.
Help in Obtaining Legal Assistance for Self-Defense Claims
Finding Legal Assistance for Self-Defense Cases in Michigan
Being involved in a self-defense case can be immensely difficult, and retaining the services of a qualified and experienced attorney is essential if you are to increase your chances of success. If you think there is any chance that your case could be tried in front of a jury, you must seek out professional legal counsel right away. Even when this is not the situation, however, it is still essential to have representation to protect and guide you through the complexities of the legal system. A criminal defense attorney can help you navigate Michigan law and make the best possible case for self-defense to the court. A skilled lawyer will have access to experienced expert witnesses who can provide critical testimony to support your claim of self-defense . If there are no suitable expert witnesses, your criminal defense attorney may actually choose to be your own best witness as to any background or factual questions that need to be answered during trial. You can usually find an attorney through an attorney referral service, which is easily accessible online. You might start with local attorneys who specialize in criminal defense, but remember that their expertise is general and they may not have the specific relationships and knowledge of cases that attorneys with experience in self-defense cases will have. You might also want to choose a family or friend who has already retained MCRC to represent you. Many times, family and friends can determine the best course of action in helping someone who is being charged with a crime, and it may be in your best interest to find an experienced criminal defense attorney who has proven successful at the representation of defendants facing charges of self-defense.