Michigan Criminal Lawyer, Josh Jones

Self Defense Inside Your Home

What Is Self-Defense Inside The Home

The Michigan Criminal Jury Instruction explains that:

A person is never required to retreat if attacked in his or her own home, nor if the person reasonably believes that an attacker is about to use a deadly weapon, nor if the person is subject to a sudden, fierce, and violent attack. Therefore, an individual is allowed to use self defense in certain circumstances.

Further, a person is not required to retreat, and thus use self defense, if the person:

  1. has not or is not engaged in the commission of a crime at the time the deadly force is used, and
  2. has a legal right to be where the person is at that time, and
  3. has an honest and reasonable belief that the use of deadly force is necessary to prevent imminent death, great bodily harm, or sexual assault of the person or another.

Therefore, and generally speaking, ?[a] person can use deadly force in self defense only where it is necessary to do so. Further, [i]f the defendant could have safely retreated but did not do so, [the jury] may consider that fact in deciding whether the defendant honestly and reasonably believed he or she needed to use deadly force in self defense.? However, it should be noted that this part of the jury instruction (yes it is part of the Michigan Jury Instructions) will not be used if the issue of self defense is not in dispute. See People v Williams for a full explanation on that particular issue.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.