Michigan Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

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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.

Many police departments have had a policy against warning shots for years. Such a policy is due to the concern that a warning shot may be misplaced and result in unintended injury or death to a suspect or bystander.

This law allows someone to use lethal force to defend themselves or another person without the obligation to retreat. You can stand your ground in Michigan even if you are not in your home. Additionally, stand your ground laws protect victims from being charged for defending themselves.

The offense of brandishing a firearm in public is a misdemeanor under Michigan law that may result in up to 90 days in jail and a fine of up to $100 upon conviction.

Using a stun gun or TASER in self-defense is generally legal in Michigan, but there are certain restrictions on their use. For example, you are only allowed to use a stun gun or TASER if you reasonably believe that it is necessary to defend yourself against an imminent threat of unlawful force.

Michiganders can't use deadly force to protect their car or home, for example. Michigan's stand your ground law protects lethal force only when the person using it is in danger of serious bodily injury, sexual assault or death.

You have the right to defend yourself if you are being attacked, even if the person attacking you is a police officer. Despite this, resisting arrest is a crime, and police officers are allowed to use force against defendants who resist arrest.

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Michigan Self-Defense