While most states have laws about self-defense, some states have very different laws. The “stand your ground” rule in Michigan says that people can use deadly force to protect themselves if they think their life is in danger.
The “stand your ground” rule in Michigan says that a person does not have to run away if they are being threatened illegally by someone else. Anyone is safe with this law, no matter where they are.
The law in Michigan called “castle doctrine” is not the same as this one. The castle theory says that someone can use deadly force, but only against someone who has broken into their home.
In Michigan, someone can use deadly force and does not have to back down if they have a good reason to believe that they need to in order to stop someone from dying soon, from being sexually assaulted, or from being seriously hurt.
Under the Stand Your Ground Law, you can use deadly force if you are a victim of a possible kidnapping, sexual assault, or murder.
MCL 780.972
If a person has not committed a crime or is not in the process of committing a crime when they use deadly force, they can do so anywhere they have the legal right to be and do not have to back down if either of the following is true:
The person honestly and properly thinks that deadly force is needed to stop someone from dying or getting seriously hurt soon, either themselves or someone else.
If the person honestly and fairly thinks that deadly force is needed to stop an impending sexual assault on themselves or someone else, they have the right to use it.
Someone who has not committed a crime or is not committing one at the time they use force other than deadly force can use force other than deadly force against another person anywhere they have the legal right to be, and they do not have to run away if they honestly and reasonably believe that they need to in order to protect themselves or someone else from the imminent unlawful use of force by another person.
Why Was The Stand Your Ground Law Passed?
This law, called “stand your ground,” was made in Michigan to protect everyone and cut down on violent crimes against law-abiding people. Some people believe that if they put their own lives or well-being at risk, they will not commit dangerous crimes as much.
The rules in our state are a lot like those in West Virginia, Oklahoma, South Carolina, Florida, Kansas, Mississippi, Wyoming, Wisconsin, Kentucky, and Tennessee.
As you can see from the above statute, the law is called “stand your ground” because people are not required to run away if they think they need to use deadly force to protect themselves or someone else from imminent death or great physical harm.
People who are inside or outside of their home are also subject to this law.
Michigan Stand Your Ground Law Vs. The Castle Doctrine Law
Using self-defense inside a home is presumed self-defense under MCL 780.971, the ācastle doctrine.ā Castle doctrine law applies only under certain conditions.
If a judge or jury finds these restricted facts irrelevant to your case, you will not be presumed to have acted in self-defense. Using self-defense inside a home is presumed self-defense under MCL 780.971, the ācastle doctrine.ā
Castle doctrine law applies only under certain conditions. If a judge or jury finds these restricted facts irrelevant to your case, you will not be presumed to have acted in self-defense.
Thus, it is recommended to speak with a local experienced lawyer to evaluate a case and build a defense strategy for court.
Stand your ground can be used using non-lethal force. This law allows a person to employ the force needed in their situation. You must meet the three conditions above when utilizing non-deadly force.
Michigan’s stand-your-ground law goes beyond the Castle Doctrine. Stand your ground law has no āobjective standard.ā
The Castle Doctrine’s objective norm denies presumption to murderers. Michigan’s stand your ground statute simply requires a āhonest and reasonableā perception that life or grievous bodily damage is in danger.
A 12-person jury will usually assess if your belief is āhonest and reasonable.ā
When the statute says āhonest and reasonably,ā attorneys term it a ātwo-prongā examination.
A person who uses fatal force to defend himself must believe he prevented death, grave bodily harm, or sexual assault. Last, this belief must be objectively justifiable under the circumstances.
My Take On Michigans Self Defense Laws
Attorney Shawn Haff and The Criminal Defense Law Center of West Michigan advise CPL holders who want to use their gun for self-defense to know their rights and the law.
Do not risk your liberty by without understanding the Castle Doctrine and Stand Your Ground defense.
Many states have liberalized concealed carry legislation, including Michigan.
The large number of guns in Michigan will lead to more self-defense shootings. Take some NRA training to learn how to use your gun responsibly. If that is not possible, take firearms lessons from skilled local instructors.
Great guns and self-defense instructors agree that it is best to avoid firing a gun. Killing changes a person financially, legally, and mentally. Gun and self-defense expert Massad Ayoob advises using guns only āin the gravest extreme.ā
An April 9, 2012 Time magazine story discusses the controversial Trayvon Martin case and how the āstand your groundā argument was effective. When confronted on a dark street, at least two instincts arise: Do you stand your ground or turn the other cheek?
Engage or flee? Often, a person cannot run and must stay firm. Running away is encouraged when possible. Even if you are justified in employing self-defense, killing someone might cause lifelong mental torment.
If you are facing criminal charges for using a weapon to defend yourself or a loved one, call Shawn at 616-438-6719! Shawn has the lawyers, expertise, and skills to get you the greatest results! Call Shawn now!
