An In-Depth Guide to Self Defense Laws in Michigan

Self Defense Laws Explained

The laws of self-defense in Michigan are abundantly found in the Michigan Penal Code, specifically Section 750.81. This section defines self-defense as "the right of a person legally in possession of a dwelling, motor vehicle, or other place to use deadly force against another person if that other person is unlawfully and forcibly entering or has previously unlawfully entered the dwelling, motor vehicle, or other place and is committing a felony or assault with intent to commit a felony therein."
An example of self-defense law in Michigan would include a person who legally has a shotgun in a car and uses it against someone who enters their car and attempts to attack them with a knife. The law of self-defense in this instance will protect the person with the shotgun as long as they were legally in possession of the shotgun and the person with the knife unlawfully and forcibly attempted to enter and then assault them.
Use of deadly force in self-defense in Michigan is allowed. However, Michigan self-defense law does require that the person on the receiving end be engaged in conduct that puts the person with the shotgun in reasonable fear of death or great bodily harm . For instance, a person can legally stand their ground and use a weapon if the following requirements are met:
If the above criteria is not met, the use of deadly force is considered a criminal offense and the person can be arrested and charged. In situations where the use of deadly force is warranted, Michigan law allows the accused to plead self-defense as a modification of their criminal act. In many of these cases, reasonable doubt must be successfully demonstrated by the defendant’s attorney.
Self-Defense recovery in Michigan
The Attorney General can recover three times the amount paid to a person injured by self-defense. The person who was the target of the self-defense can also recover damages for medical costs, loss of income, and pain and suffering. A court may also order that the accused pay damages for property that was destroyed in the process of the altercation.
There are many exceptions to Michigan’s laws surrounding self-defense, especially concerning those who use force, weapons, or firearms. If you need further advice on Michigan self-defense laws, or need legal help concerning the legality of force in Michigan, please do not hesitate to speak with an experienced Michigan defense attorney.

Michigan Stand Your Ground Law

When it comes to self-defense in Michigan, the state takes a hard stance on what constitutes a legal use of force, and what does not. Michigan follows the principle of "Stand Your Ground" in cases of self-defense, which removes the legal obligation of an individual to retreat from an attacking or threatening adversary before using physical force on them.
This is based on a 2006 law passed by the state legislature and signed by the governor. This law exempted from prosecution individuals in almost any circumstances who felt their home or property from an assailant, and who acted with reasonable force to protect themselves.
One thing to keep in mind here is that there are limits to the law, especially when it comes to personal property as opposed to the home. These limits also apply to vehicle invasion.
In general, the law states that a person could stand their ground and even kill the attacker if they are entirely without fault for the situation they are in, and if reasonable force was necessary to prevent them from suffering death, sexual assault, great bodily harm, or from having forcible entry into their home, occupied vehicle or occupied place of business.
Reflection of a Castle Doctrine
Unlike many states where the Stand Your Ground law was created through the judicial system, Michigan’s version of Stand Your Ground is based on the Castle Doctrine. This means the law is based more on self-defense in your home than in any other place. It essentially acts as a presumption that a person has the right to protect and defend their home without the duty to retreat first. Stand Your Ground laws in other states tend to be less limited to the home.
It’s important to understand that there is no duty to retreat in cases of self-defense/make my day law as it applies to forcible entry and self-defense. Essentially, if a person is not at fault when the event took place, and the force they used was reasonable and necessary, they can use force without the duty to retreat.
However, this is a rebuttable presumption, meaning the state could, in some cases, use evidence to prove the actor did not act in accordance with these restrictions.
Common Allegations of Stand Your Ground
Thus far, there have not been many cases that have made their way through the court system concerning Stand Your Ground law in Michigan. That being said, law enforcement has made several arrests under this law so far. The most common scenarios include:
However, in each of these scenarios, there is little information available about whether the Stand Your Ground law was cited as the basis for the arrest or if it factored into the arrest in any significant way.
Again, because Stand Your Ground is based on the Castle Doctrine principle, it really does not have much influence outside the home, having more relevance in this scenario than for a forcible entry into a vehicle or place of business. When making a call on whether reasonable force would include the use of a gun to shoot another person, a jury would most likely examine the situation much differently than if it were simply a case of pushing or hitting a person who has entered a home.

Michigan Castle Doctrine Law

A common argument for a defendant in a self-defense case is that the Castle Doctrine allows individuals to use deadly force on someone who attacks them inside their home or place of business. Also known as "Stand Your Ground" laws, they free the homeowner or business owner from the duty to retreat from a threat prior to using deadly force.
The Castle Doctrine is applicable only if an individual is at their "castle," a word which refers to a person’s home, dwelling, residence, and surrounding curtilage, whether owned, rented, or leased. It can even be applied in instances where an assailant may attack them while the defendant is legally visiting someone else’s home.
There are two important limitations to the Castle Doctrine. The first concerns reasonable belief concerning the harm resulting from an attack. If the victim is not legally in the residence, the homeowner generally has an obligation to warn him or her to change their actions or leave before applying deadly force. The second limitation concerns whether the resident is genuinely in fear for their life or someone else’s simple because a perceived threat is present.

Duty to Retreat When Required

Michigan law is unique in its application of the ‘duty to retreat.’ Though the state does have a codified version of the Castle Doctrine and a Michigan ‘Stand Your Ground’ law, it also recognizes the requirement to retreat when it is safe to do so under certain circumstances.
In most cases, the duty to retreat is triggered when the altercation is taking place on property that isn’t yours. In other words, the obligation to run away from danger applies to your home or vehicle, but not when you are acting in self-defense in public places like restaurants, parks, etc.
In Michigan, there are very few situations when you do not have a duty to retreat from an altercation. Most commonly, you do not have to run away when defending yourself against a serious person. However, if you do not have a way to safely escape the situation, you are then required to use only the level of force necessary to ensure your safety. This means the least amount of force that will allow you to escape the situation. If the victim of a violent crime is attacked in a place where they have a right to be, they are not seen as the aggressor, and they have no reasonable way to escape the confrontation, they are considered justified in using self-defense tactics against their attacker. This includes physical blows to knock down the assailant, but it depends on the level of force being used against them and the intent of the aggressor.
Again, if the assailant or aggressor intends to kill or do great bodily harm, the victim has no responsibility to leave.
The duty to retreat in Michigan sometimes depends on the time of day. As mentioned above, you have no obligation to retreat before using of deadly force when facing a serious threat. This includes the deadliest form of self-defense: shooting someone who is trying to kill or seriously harm you.
This law is used as rational between the difference between nighttime and daytime law. If you are inside your dwelling at night, you have no duty to try to escape a violent situation and must simply protect themselves.
The law also states that there is no duty to retreat once a person’s home is entered, regardless of whether it is day or nighttime. Another way to say this is that there is no duty to be an innocent party during a fight from your home or dwelling. As long as the defending party is inside a dwelling, they do not have to try to leave or escape the altercation. They can shoot to kill in order to protect themselves. That being said, deadly force should only be used if absolutely necessary.
Under Michigan Penal Code 780.951, the law states that the following are valid reasons for using deadly force when facing a serious threat. They include, but are not limited to:
As can be clearly seen, there are a number of exceptions in which you do not have any obligation to leave, such as if you are in your home when the altercation occurs.
You could face significant criminal consequences if you did not try to escape the altercation first and then used deadly force.

Criminal Charges and Defense Arguments

When someone invokes the Michigan self-defense statute, it can have a significant impact on the legal consequences of a case. For instance, it could lead to the defendant being exonerated entirely if a judge or jury finds that the defendant’s claim is justified under the law. Conversely, the claim could be rejected in cases where the facts demonstrate that the force used was not justified. In fact, when a person uses force and has no right to do so, that person could be charged and convicted for assault or worse.
If the person charged, however, had a legal right to use some force, that person does not then get off the hook for any resulting injuries that may have been caused by the use of force. Michigan self-defense laws allow individuals to use just enough force to defend themselves. Therefore , the legal consequences of a self-defense claim could vary wildly based on the information and evidence presented to the judge or jury during the trial. Specifically, the legal consequences and defense strategies can differ in the following ways:
While these defense strategies may help a person who is claiming self-defense, their success often depends on the circumstances and facts of a case. Judges are very particular about when self-defense claims are allowed and the defenses offered, so there may be arguments made in court that may or may not be allowed. A judge may make a determination before the jury gets to hear the evidence, or the jury could be tasked with interpreting the facts and circumstances. If the case goes to a jury, the jurors will be given specific instructions about how to interpret the Michigan self-defense laws.

Case Studies and Legal Precedents

Recent case studies and legal precedents in Michigan related to self-defense laws cover a variety of situations, as well as the application of the Castle Doctrine. Here are some recent case studies and the important new rulings in Michigan that apply to self-defense laws:
In 2019, in Michigan v. Davis, the Michigan Supreme Court ruled that the Castle Doctrine, which allows residents to use deadly force against an intruder in their home, actually applies to their curtilage – or their backyard – as well. This is a recent case study that occurred at an auto repair shop owned by Mr. Davis who was being harassed and threatened by a former employer in the Detroit area. The former employer who was drunk and armed with a gun came onto Davis’ property and was shouting threats. Davis fired upon the man and hit and killed him in self defense. Although the police attempted to charge him with murder and Davis claimed self defense, the jury found him guilty of a lesser charge because they deemed he was not acting reasonably in his actions. He appealed and the Michigan Supreme Court stripped the conviction to involuntary manslaughter. The Court ruled that the Castle Doctrine protects someone’s right to act in self defense even in the backyard. The self-defense laws under the Castle Doctrine require that the actor be in imminent danger of serious bodily harm or death but if the person feels their home is not secure even if the alleged aggressor is not actually on their property, especially in a place like the City of Detroit where it is common for individuals to come on other people’s property to threaten or intimidate them, the Court deemed this law application of self-defense appropriate. The Michigan Supreme Court in 2017 ruled in People v. Young that evidence of prior domestic violence in the context of a domestic relationship is admissible as evidence to support a claim of self-defense in Michigan. The Court ruled that the history of domestic violence, even if it is not part of the alleged fight for which these charges were brought, does not violate the Michigan Rules of Evidence 404(b) because the admission of evidence of a history of domestic violence with the alleged aggressor is relevant and probative where such history may aid a jury in determining the reasonableness of the defendant’s beliefs and actions in response to an intruder’s attack upon them. In People v. Guy, a successful appeal of a conviction for 2nd Degree murder of her boyfriend, the victim beat the defendant so severely that she was in the hospital for two weeks recovering from her injuries, including a broken neck. After he was shot she fled to the home of a neighbor who called the police. The Court of Appeals held that the trial Court erred when it refused to admit testimony regarding prior acts of violence by the victim toward the defendant. The Michigan Supreme Court has also held in a number of cases whether self-defense applies and is supported in the evidence. In People v. Vasquez, the Court noted that self-defense is not available to the defendant if the defendant was the initial aggressor unless he contrary to § 780.951, the initial aggressor must withdraw from the conflict or otherwise communicates to the victim that he has withdrawn. In the context of using deadly force, the Michigan Supreme Court has held in People v. Johnson and People v. زايمون that a person may use deadly force in self-defense only when they honestly and reasonably believe that they or another person is about to be killed or unlawfully harmed. The use of deadly force is permitted to protect against a forcible entry into their dwelling as stated in People v. Redden.

Legal Guidance for Using Self Defense

If you find yourself in the unfortunate situation of having to argue self-defense in a legal proceeding in Michigan, it is crucial to handle the matter appropriately and effectively in order to improve your chances for a favorable outcome. Whether you have been accused of a crime or are involved in a civil matter in which self-defense may be raised as a potential defense to liability, there are several important actions to take (and some to avoid) when it comes to self-defense cases in Michigan. First, bear in mind that strong self-defense claims arise only in the aftermath of a sudden and unexpected aggressor attack. If you feel as though the attacker was looking to cause you harm, that you acted in self-defense, and that the force you used was reasonable under the circumstances, it is best to pursue a self-defense argument . The best course of action is to act quickly and critically in the wake of the incident. First and foremost, make sure you preserve any and all evidence in case the matter is pursued in a courtroom by the local authorities. Then, contact an attorney who can guide you through complex legal processes. A strong criminal defense or civil litigation attorney can help you work toward the best possible outcome in your case. It is important to note here that when you are claiming self-defense, it is imperative that you do not make other statements unless it is in front of your criminal defense or civil litigation attorney. Because your statements can be used against you in a court of law, you should never discuss your case with anyone other than your lawyer. This is the quickest way to jeopardize your case.