Stand Your Ground Law in Michigan. State laws pertaining to self-defense differ significantly from one another. If a person has cause to feel their life is in danger, they are permitted to use lethal force to defend themselves under the Michigan Stand Your Ground Law.
A person who is being unlawfully threatened by another person is not required to flee under the Michigan stand your ground statute. No matter where someone is, they are protected by this law.
The “castle doctrine” law in Michigan is not the same as this law. According to the castle doctrine, one may use lethal force, but only against someone who has broken into their house.
When someone has a sincere and reasonable belief that using deadly force is necessary to stop an impending death, prevent sexual assault of another person, or protect someone from serious bodily harm, they are allowed to do so in the state of Michigan and are not required to back down. Under the Stand Your Ground Law, you have the right to use lethal force if you are the victim of a possible kidnapping, a sexual assault, or a murder.
MCL 780.972
(1) If either of the following circumstances applies, a person who has not committed a crime at the time of the use of deadly force may use deadly force against another person anywhere that person is legally permitted to be and is not required to flee:
(a) The person really and rationally feels that using lethal force is required to save themselves or another person from impending death or serious physical damage.
(b) The person genuinely and rationally feels that using lethal force is required to stop an impending sexual assault against them or another person.
(2) If a person honestly and reasonably believes that using force other than deadly force is required to protect themselves or another person from the impending unlawful use of force by another person, they may use it against that person anywhere they have the legal right to be and are not required to flee. This is true even if they have not committed a crime at the time of the use of force.
Why Was The Stand Your Ground Law Passed?
The Michigan stand your ground law was passed to protect the general public and to lower the amount of violent crimes that are committed against law abiding citizens. There is a belief that individuals will not engage in violent crimes as much if they will be putting their own lives or well being at risk.
Our state’s law is very similar to laws in other states such as West Virginia, Oklahoma, South Carolina, Florida, Kansas, Mississippi, Wyoming, Wisconsin, Kentucky and Tennessee.
As you can see from the above cited statue, the law is called “stand your ground” because there is no duty to retreat when an individual believes that deadly force is needed to prevent imminent death or great bodily harm to themselves or another person. This law also applies to a person both in their house and outside their house.
As the aforementioned statute makes clear, the provision is known as “stand your ground” because there is no obligation to flee when one feels that using lethal force is necessary to save oneself or another person from impending death or serious physical harm. Both within and outside of a person’s home, they are subject to this regulation.
Michigan Stand Your Ground Law Vs. The Castle Doctrine Law
MCL 780.971, sometimes known as the “castle doctrine,” grants the presumption of self-defense to anyone who defends themselves inside their home. Only a limited set of situations will make this castle doctrine law applicable. You will not be granted the presumption that you acted in self-defense throughout the trial if the judge or jury feels that these specific, limited conditions do not apply to your case.
MCL 780.971, sometimes known as the “castle doctrine,” grants the presumption of self-defense to anyone who defends themselves inside their home. Only a limited set of situations will make this castle doctrine law applicable.
You will not be granted the presumption that you acted in self-defense throughout the trial if the judge or jury feels that these specific, limited conditions do not apply to your case. As a result, it is highly recommended that you speak with a knowledgeable attorney in your area to evaluate all the specifics of a case and to draft an appropriate defense plan for the court to examine.
You can use non-lethal force in accordance with the stand your ground law. This law allows a person to use the amount of force necessary given the particular situation they are in at the moment. The three aforementioned requirements must be fulfilled while employing non-lethal force as well.
The Castle Doctrine is not as broadly applicable as Michigan’s stand your ground law. There is no “objective standard” for the stand your ground law. Those who use lethal force are not granted the benefit of the doubt under the objective standard of the Castle Doctrine.
A person must only have a “honest and reasonable” belief that their life is in danger or that they or another person will suffer severe physical damage in order to be protected by Michigan’s stand your ground law. Usually, a 12-person jury will determine if your beliefs are “honest and reasonable.”
The phrase “honest and reasonably” in the statute creates what attorneys refer to as a “two-prong” examination. This implies that a person must think that death, serious injury, or sexual assault was avoided before using deadly action to protect themselves. This belief must be objectively reasonable in the given situation, which is the last component of the test.
My Take On Michigan’s Self Defense Laws
The Criminal Defense Law Center of West Michigan and attorney Shawn Haff highly advise anyone with a CPL who intends to use their firearm for self-defense to be aware of their legal rights and obligations. Don’t risk losing your freedom by failing to comprehend the Stand Your Ground defense and the Castle Doctrine.
Many states have liberalized their rules on the carrying of concealed weapons (CCW), including the State of Michigan. More people will use their firearms for self-defense as a result of the enormous amount of firearms in Michigan. Learn how to handle your gun safely by enrolling in some NRA classes, if you can. If that isn’t possible, enroll in some programs taught by local professionals who are knowledgeable about how to properly train you to handle a firearm.
When they say that it is always best to avoid firing a gun if at all feasible, great instructors of weapons and self-defense are speaking with one voice. A person’s life can be drastically changed by the use of deadly force in a number of ways, including financially, legally, and emotionally. Guns should only be used “in the gravest extreme,” according to Massad Ayoob, a specialist in both self-defense and gun use.
The contentious case that led to Trayvon Martin’s death and the successful application of the “stand your ground” argument are discussed in an April 9, 2012, Time magazine story. A question that was asked in that article was “When it comes to a confrontation on a dark street, at least two competing impulses come to mind: Do you stand your ground or turn the other cheek? Engage or run?” The simple fact of the matter is that many times a person is not able to run and must stand their ground. In times where a person can successfully run away, it would be advised for a person to do so. Even if you are justified in using self-defense, the mental anguish from taking the life of another human being can weigh on a person for the rest of their life.
You should call Shawn at 616-438-6719 right away if you are being charged with a crime for using a weapon to protect yourself or a loved one. Shawn has the attorneys, expertise, and abilities necessary to provide you with the greatest outcomes! Don’t hesitate, give Shawn a call now!
