Michigan, like 25 other states, has a “stand your ground” law, which allows individuals to use lethal force to defend themselves or others without the obligation to retreat.
This law extends the principles of the Castle Doctrine, traditionally applied to the home, to any place where a person has a legal right to be.
While the law protects individuals from prosecution when defending themselves, it is essential to understand the limitations and conditions under which this defense can be successfully used.
What Is the Castle Doctrine?
The Castle Doctrine is a legal principle stating that individuals do not have a duty to retreat if they are inside their home and face a threat.
If someone unlawfully enters your home and you believe there is a threat to your life or safety, you can use lethal force to protect yourself without needing to attempt to escape the situation first.
Michigan’s stand your ground law extends this idea beyond the home, allowing individuals to stand their ground and use lethal force in public spaces if they are threatened.
When Can Lethal Force Be Used in Michigan?
The use of lethal force is only justified if an individual believes there is an imminent threat of:
- Death
- Great bodily harm
- Sexual assault
For example, if someone is acting aggressively but not in a manner that threatens immediate death or severe injury, lethal force is not justified. Stand your ground laws differ from those in other states where individuals are required to attempt retreat if it is safe to do so.
In Michigan, you have the right to stand your ground and use lethal force if you believe that retreat is not a safe or viable option.
What Is Required for a Stand Your Ground Defense?
To successfully use the stand your ground defense in Michigan, the defendant must prove the following three key points:
- You were not engaged in a criminal act.
- You were in a location where you were legally allowed to be.
- You believed that deadly force was necessary to defend yourself or others from imminent harm.
These elements ensure that individuals can only use stand your ground defenses in situations where they genuinely felt threatened, and the use of lethal force was necessary.
Non-Deadly Force
Michigan’s stand your ground law is not limited to lethal force but also applies to non-deadly force. In both lethal and non-lethal situations, the force used must be proportionate to the threat.
To use non-deadly force successfully, you must be able to demonstrate that it was necessary to protect yourself or another person from harm. Just like with lethal force, Michigan law requires an “honest and reasonable” belief that using force was the only option to ensure safety.
Stopping Forcible Felonies
The law also allows the use of lethal force to prevent certain forcible felonies, but only when there is a clear and imminent threat of death or great bodily harm.
For instance, if someone is entering a building with a weapon and poses a significant danger, you may use deadly force to stop them, depending on the situation.
Michigan presumes certain crimes, such as home invasions, carjackings, and kidnappings, to be threats of death or serious injury, justifying the use of lethal force in these scenarios.
Illegal Gun Used to Stand Your Ground
One important limitation to Michigan’s stand your ground law is that it cannot be used if the person involved is committing a crime. For example, if you are carrying a gun illegally and decide to stand your ground in a dangerous situation, you may not succeed in using the stand your ground defense.
Not only could you be charged for using the defense, but you could also face additional charges related to the illegal possession of the firearm.
Seeking Legal Advice in Michigan
If you or someone you know is facing charges related to self-defense or defense of others under Michigan’s stand your ground law, it is crucial to consult with an experienced attorney.
Self-defense cases can be complex, and a skilled criminal defense attorney can help analyze the evidence and build a strong defense to ensure the best possible outcome.
The legal team at George Law has substantial experience in handling self-defense claims and can provide expert representation for individuals facing charges related to the use of force. For a consultation, contact George Law at (248) 609-4978 or reach out online.
