Michigan has a stand your ground provision in the state Self-Defense Act, which comes with no duty to retreat in any place that you have a legal right to be. This right extends to your home, vehicle, or place of business, allowing you to protect yourself against an intruder. Known as the Castle Doctrine, it forms an integral part of Michigan’s self-defense laws.
At the Law Office of John Freeman, we are dedicated to providing exceptional representation against criminal charges. If you are facing a violent crime charge after defending yourself, our Michigan castle doctrine defense attorney is here to defend your interests.
What is the Castle Doctrine?
The Castle Doctrine applies when an intruder enters your home, vehicle, or place of business. The law permits the use of deadly force to protect yourself and others. There is a presumption that if someone is entering your home, you are in danger of suffering great bodily injury, sexual assault, or death. So, you have no duty to retreat. This applies if the person is attempting to break into your home, has already broken in, or is forcibly removing someone from your home. It also applies to your place of business and to you if you are the victim of a carjacking.
Can I Still Be Prosecuted for Using Lethal Force in My Own Home?
The Castle Doctrine is an affirmative defense. This differs from a factual defense, which would involve denying that you committed the crime. Rather, raising the Castle Doctrine defense generally results in acquittal or in avoiding charges altogether.
The Castle Doctrine does not provide immunity against prosecution but rather justifies your actions (making it an affirmative defense). So, if someone breaks into your home and you shoot them in the head, the Castle Doctrine may be used as an affirmative defense. It comes with a caveat—the person entering your home must be an intruder. If you are mistaken, and the person had a legal right to be on your property, then the Castle Doctrine will not apply. Our defense attorney will assess your situation to determine the legality of your actions and the defenses available to you.
Why You Need a Michigan Castle Doctrine Lawyer
The Castle Doctrine legally protects you if you need to respond to an imminent threat in your home, vehicle, or place of business. It gives you the right to defend yourself in your “castle,” which should be your private sanctuary away from the world. Unfortunately, the prosecution will use whatever evidence they can to counter a Castle Doctrine defense, even when your actions were clearly done for self-protection.
The Castle Doctrine is often seen in domestic disputes. For instance, a divorced couple will likely still both have legal title to the property. So, your former spouse’s entering the home is not considered to be an intruder, meaning that the Castle Doctrine defense cannot be used.
In raising the Castle Doctrine defense, the burden of proof lies with you to show that your actions were justified. Different rules apply to using force against police officers and authorities, so you must retain representation to safeguard your rights. If you believe that self-defense applies to your case, contact our office at your earliest opportunity.
Speak with Our Michigan Castle Doctrine Defense Attorney
The law believes that “a man’s home is his castle,” giving you control over what happens in your private space. At the Law Office of John Freeman, we are dedicated to providing an exceptional defense to anyone accused of criminal activity. If you are facing assault or other domestic violence charges for defending yourself in your home, our Michigan castle doctrine defense lawyer would like to hear from you. To arrange your free consultation, contact us online or by calling (248) 519-2313 today.