When Is Use of Force Justified?

Michigan law has long recognized that a person is not required to stand helpless in the face of violence. An individual can lawfully use force to defend themselves, other people, or their property against an imminent threat of physical harm. However, proving the use of force was justified is not always obvious. You need a skilled criminal defense attorney who will investigate the facts, present a compelling legal argument, and challenge the prosecutor’s narrative, creating a winning defense that justifies your use of force and avoids the penalties of a criminal conviction.

Understanding Michigan Self-Defense Laws

Under Michigan law, an individual can lawfully use force, including deadly force, if they honestly and reasonably believe that the use of force is necessary to prevent imminent death, sexual assault, or great bodily harm to themselves, other people, or property. However, the application of Michigan self-defense laws is complex and nuanced, and often depends heavily on the specific circumstances of the case.

When Use of Force Is Justified

The difference between self-defense and assault often comes down to interpretation of the circumstances, and subtle nuances can substantially affect the outcome. In Michigan, the use of force is justified if, at the time force was used:

• The person using force honestly and reasonably believed that they or another person was in imminent danger of being seriously injured or killed
• The force used was proportionate to the threat faced
• The individual using force did not provoke or initiate the confrontation

The use of deadly force is only justified if the danger faced was so significant that it could lead to severe injury or death.

Determining When a Threat Is “Imminent”

For use of force to be justified, the person using it must be in imminent fear of harm. The threat of harm could be verbal or actual. However, offensive words alone are not enough to justify the use of force.

At the time force was used, the person using it must have a “reasonable and honest belief” that the threat of harm was imminent. To determine whether the belief was reasonable, the factfinder will be asked to consider whether a reasonable person in the same or similar circumstances would have believed there was an imminent threat of harm.

Self-Defense is an Affirmative Defense

In Michigan, self-defense is an affirmative defense. To succeed, the defendant must present evidence that justifies their use of force. By claiming self-defense, the defendant acknowledges the physical act (i.e., the use of force) but claims it was justified because they were protecting themselves, another person, or property against imminent harm.

As in all criminal cases, the prosecution bears the burden of proof and must prove the defendant guilty beyond a reasonable doubt. A defendant raising an affirmative defense must prove the defense by a preponderance of the evidence. A preponderance of the evidence is a lower standard and means it is slightly more than 50% likely that a fact is true.

Does a Defendant Have a Duty to Retreat?

Michigan has two laws that allow an individual to use force in response to an imminent threat of harm without having to retreat.

• Under the Castle Doctrine, an individual can use deadly force without first retreating if they are in their home, car, or another place they legally occupy.
• Michigan’s Stand Your Ground law states that a defendant can use force without the duty to retreat anywhere they have a legal right to be, as long as they are not engaged in illegal activity and were not the initial aggressor.

When Can a Defendant Claim Justified Use of Force as a Defense?

A defendant can claim their use of force was justified as a defense in virtually any violent crime, so long as the circumstances support it. Claims of self-defense are most likely to arise in the following circumstances:

• Domestic Violence. Use of force may be justified to defend against abuse or threats of abuse from a domestic partner. The viability of the defense will depend on the immediacy of threats and whether the defendant’s actions were reasonable under the circumstances.
• Home Invasion. An individual has the right to defend themselves and their property against an intruder who unlawfully enters their home. The defense can also apply to individuals facing weapons charges after a home invasion.
• Homicide. Murder, manslaughter, and felonious assault are some of the most serious charges an individual can face. However, the use of force might be justified if there was an imminent threat of serious bodily injury or death and the use of force was necessary to prevent the threat of harm.

How an Experienced Michigan Defense Attorney Can Help

Proving your use of force was justified is challenging. The nuances of this defense are significant and multifaceted, and you will benefit from working with an experienced defense attorney. Michigan criminal defense attorney Robert Elmen can evaluate your circumstances and develop a comprehensive defense strategy to justify your use of force in response to criminal charges.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and represents individuals facing criminal charges throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.