Michigan Self Defense Act – Act 306 of 200
The Michigan Self Defense Act provides individuals two options when raising the self defense within a criminal trial. The Michigan Self Defense Act statutory identifies that “[a]n 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[; or] (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.” MCL 780.972.
Furthermore, the legislature has also statutory identified under?the Michigan Self Defense Act that “[a]n 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.” MCL 780.972.
The Michigan Self Defense Act continues on in MCL 780.972 that the affirmative defense of self defense found within common law is not eliminated, and thus pursuant to statutory codification an individual defense is allowed to forms of self defense under the Michigan Self Defense Act (that explained above and common law self defense). See MCL 780.973 & 780.974. The major differenced between the statutory version and the common law version of self defense rests on procedural grounds. Furthermore, the common law version specifically states there is no duty to retreat within an individual’s home or the curtilage of that home. See People v Riddle, 467 Mich 116 (2002).
Whenever someone is thinking of raising a self defense issue it is imperative to consider both the common law defense and the Michigan Self Defense Act. This makes it even more imperative to contact a criminal defense attorney whenever charged with a crime involving self defense. An attorney can make the difference between conviction and acquittal.?Josh Jones is your Michigan criminal defense lawyer and understand the Michigan Self Defense Act, so whenever you are in need of a criminal attorney contact him today. He always has your back.
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