In light of the recent tragic incident in Florida, where a young man was shot and killed in what law enforcement is calling self-defense, more attention is now being given to Michigan and our self-defense laws. As many may be aware, in Florida there Is a “stand your ground” provision, which means that you are not obligated to attempt to escape a situation before you utilize deadly force. Here in Michigan, the rules are very similar, and have been since 2006 when the Governor signed into law what is called the “Self Defense Act.”
Setting aside any of the debate of the Florida case and the potential charges, racial issues, and current public outcry, the letter of the law here in Michigan is absolutely clear. You do have the right to defend yourself, with deadly force, if you honestly AND reasonably believe that the use of deadly force is necessary to prevent imminent death, great bodily harm, or sexual assault. It is important to note that this fear must honest and reasonable. Often, when a self-defense claim is made at a trial, the dispute is about whether a reasonable person in that situation would feel that death or harm is imminent. This requires a jury to “get into the mind” of the shooter, which can be difficult since everyone is made up of different experiences and background. What this means is that you may be in a situation where you find deadly force to be necessary, and you honestly and reasonably believe you are in danger, but a jury disagrees.
Interestingly, in a further attempt to protect your right to self-defense, it is the responsibility of the Prosecutor to overcome a claim of self-defense beyond any and all reasonable doubt. What this means is that if you claim self-defense, you don’t have to prove it. The Prosecutor must prove that it is NOT self-defense. This is a very important protection, and it confirms how important it is that each of us be able to defend ourselves from death, great bodily harm, or sexual assault.
What changed in 2006 is that prior to the Act being signed, you could not make a claim of self-defense unless you first attempted to retreat from the situation and get away without using deadly force. Now, similar to Florida, as long as you are not engaged in criminal activity at the time of the incident, and you have legal authority to be in that place, you are not required to retreat before using force. This was true before, in situations where you were allowed to use deadly force in your home, but now it extends to everywhere you have the right to be. This means that if you are at the mall, in a store, or on the street, you have the same rights once reserved for people in their homes.
Lastly, and because it seems to be a major issue in the Florida case of Treyvon Martin and George Zimmerman, it is important to note that if you are the initial deadly aggressor in an incident, you cannot then claim self-defense unless you clearly attempted to remove yourself from the altercation, and made it clear that you were stopping your assault and that the person continued it or escalated it.
The right to defend yourself is critically important, but often misunderstood. If you find yourself in a situation where you need to defend yourself with deadly force, you cannot just assume that law enforcement will agree. Any time a person dies as the result of the actions of another, investigations of the most serious nature are triggered, with the most serious of penalties. A self-defense case can be misunderstood, and result in murder charges and murder convictions, even when a valid defense is present. Decisions you or your loved ones make in the minutes after any such incident can change the course of a life. If you or a loved one find yourself in a situation like this, call the experienced lawyers at Avanti Law Group at 616 257-6807 24 hours a day, 7 days a week
