Self-defense is one of the most common criminal defenses that is used by accused individuals. While it has very specific requirements in it has elements self-defense is commonly used by the defendant against the alleged victim.
The different states in the United States have laws that deal with self-defense. There is quite a bit of variation from state to state depending on the circumstances. Under Michigan’s stand, your ground law, the citizens can use deadly force to protect themselves if they have a reasonable belief that their life is in danger.
Under the law, a person who has no duty to retreat if they are being treated unlawfully by a person can protect themselves and use deadly force to send a message against the aggressor. Many different legal doctrines are used in the state of Michigan. In this article let us talk about the stand your ground law.
Use of Deadly Force
In the state of Michigan, a person can use deadly force and has no duty at all to retreat when there is this honest belief that a deadly force must be used against the aggressor to prevent the death of the defendant or sexual assault against himself or herself or another person needs protection from great bodily harm.
MCL 780.972
The Stand Your Ground Law is embodied in MCL 780.972. MCL 780.972 reads as follows:
- 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 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 another individual.
- 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 Reason Behind The Law
Michigan stand your ground law was passed to protect the general public and lower the number of violent crimes that are committed against law-abiding citizens. There is this belief among individuals that they will not engage in any violent crimes as long as it is not for the protection of their own lives or their well-being
Why is it called the Stand Your Ground Law?
The statute is called the stand your ground law because there is no duty for an individual to retreat when another person has deadly force or looks like he is going to cause imminent death or great bodily harm to another person.
Stand Your Ground versus Castle Doctrine Law
A person that uses self-defense inside their house enjoys the presumption that he has the right to use the degree of force required under self-defense. This is called the castle doctrine. If a judge or a jury believes the set of circumstances does not apply in the case then the presumption will not be used in favor of the defendant.
The stand your ground law is broader in the application and it does not have any broader objective standard it only requires that an individual would have that honest and reasonable belief that their life is in danger or that there is great bodily harm that will happen to them or to another person in case they do not act and use the dangerous force that they need.
The Two-Prong Test
We have reiterated in this article time and again that the statute on the standard round law in the state of Michigan requires that there is honest and reasonable belief in the mind of the defendant that there is imminent danger of death or a threat of great bodily harm or injury against his person. This is called the two-prong test which means that there is honesty and there is reasonableness in the belief of the person that a person who uses little force to defend himself must believe that the circumstances that he feared may happen anytime. In the previous article, we have discussed that the belief must be objectively reasonable under the circumstances.
Using Self Defense
If you have committed a crime or need help prosecuting one, it is important to know that you also have a team that can help you out with your specific needs. The legal consequences of you defending yourself and causing death or great injury to another are dire and must be addressed as soon as possible. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer:
This new article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you’ve been charged with a crime you need a criminal defense lawyer on your side, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call. If you merely defended yourself, you need to prove that you have done self-defense and nothing else.