There is a great deal of confusion behind stand your ground laws, with people not understanding when it is acceptable to use deadly force against another. If you are lawfully in a place, you are allowed to use force to defend yourself if another person is threatening you. This is Michigan’s Stand Your Ground provision under the Self-Defense Act, and it applies to both inside and outside your home. This law imposes no duty to retreat if you have a reasonable belief that the use of force is necessary to protect yourself from imminent bodily injury or death.
Our Michigan criminal defense attorney understands that in some situations, self-defense is the only option to protect oneself. If you are facing assault charges after acting in self-defense, you should speak with the Law Office of John Freeman.
What is the Stand Your Ground Law?
Every state has different self-defense laws, with some jurisdictions requiring a duty to retreat before using lethal force against an attacker. The Michigan Self-Defense Act allows you to use force or deadly force to defend yourself and others against an assailant.
In claiming self-defense, you admit that you performed certain actions, but that your behavior has a legal justification. It is an affirmative defense, not an absolute defense, so it will not necessarily absolve you of criminal liability. However, it may make the prosecution more inclined to offer you a plea deal. More leeway is given if an intruder attempts to break into your home, car, or place of business (the Castle Doctrine). Under this law, you are permitted to use deadly force anytime someone breaches your private space, since it is assumed that your life is in danger.
What Must You Prove to Claim Self-Defense?
In claiming self-defense, you must prove the following:
- You were not committing a crime when you used force or deadly force against the individual
- You honestly and reasonably believed that the use of deadly force was necessary to prevent imminent bodily harm, imminent death, or imminent sexual assault against yourself or another person
- The use of self-defense was in a place where you have a legal right to be
Burden of Proof for Affirmative Defenses
A defendant has the burden of presenting enough evidence to raise a self-defense claim. Known as the burden of production, it prevents the court from hearing frivolous claims. This is a lower burden than establishing guilt, requiring that you prove it is more likely than not that you were justified in using self-defense (known as the preponderance of the evidence standard). Once sufficient evidence is presented to justify your actions, then the burden falls back on the prosecution to disprove your claim. The prosecution bears the burden of persuasion, which means they must disprove your self-defense claim beyond a reasonable doubt.
Our Criminal Defense Attorney Focuses Solely on Criminal Defense Representation
Although the government has to meet the highest legal standard, you cannot simply hope that the prosecution will fail. Even if you believe that the need for self-defense was obvious, experienced representation can make all the difference.
At the Law Office of John Freeman, we are “all crime, all the time,” focusing our efforts solely on representing criminal defendants. We know that a self-defense claim necessitates presenting convincing evidence that shows that you were in immediate danger of harm or had reason to believe that your life was in peril. Also, your actions must have been proportional to the threat. Our Michigan Stand Your Ground defense lawyer is prepared to collect the necessary information to defend you against assault or other related charges.
Contact Our Michigan Stand Your Ground Defense Attorney Today
If you have been accused of assault after defending yourself or others, you are not alone. Many people face similar charges when acting to protect themselves or loved ones, which is why you should contact the Law Office of John Freeman. Our Michigan Stand Your Ground Defense lawyer has over 30 years of criminal law experience, giving him a wide range of experience across various situations. To understand your rights, contact us online or by calling (248) 519-2313 to schedule your free consultation.