Michigan Self-Defense - Assault
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How to fill out Self-Defense - Assault?
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FAQ
The defendant must have honestly and reasonably believed they were in danger of being killed, seriously injured, or sexually assaulted. The defendant may not kill or seriously injure another against the threat of a minor injury. The defendant may only use the amount of force that seemed necessary, but not more.
If a person claims self-defense in a criminal case, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense. This means that the defendant does not have to prove that they acted in self-defense.
Under the Michigan stand your ground law, a person has no duty to retreat if they are being threatened unlawfully by another person. This law protects a person no matter where they are. This law is different than Michigan's ?castle doctrine? law.
When your health and safety are threatened by violence, you have a right to use self-defense. Michigan is a "stand your ground" state, which further solidifies your right to defend yourself. Under certain circumstances, this includes the use of lethal force.
Note that self-defense is about the prevention of harm, not retaliation. If the aggressor stands down after hitting you, you don't automatically get to punch them back, no matter how fair that might seem. To rely on self-defense, you must be lawfully present where you are. Trespassers can't rely on self-defense.
Search the Definitions. all words any words phrase. self-defense. n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger.
Although the firing of a warning shot is not per se legally forbidden, one should be aware that if they fire a warning shot, it is highly likely that their conduct will be judged under the legal standard that they have used deadly force and not just mere force.
