How Does Michigan Define Self-Defense and Assault?
There’s no right more important than a person’s right to defend themselves and their loved ones in the event of a violent event or assault. However, Michigan residents should understand what self-defense is and what it isn’t.
The good news about self-defense is that, in the state of Michigan, people have the right to use force to defend themselves and others from impending harm. However, in a legal sense, self-defense is not always clear-cut and well-defined. Just like all uses of violence are not legally considered assault, not all uses of force can be defined as self-defense, either.
It’s essential to understand the difference between assault and self-defense. In Michigan, assault is when a person intends to injure someone else physically. The charge of assault is often but not always paired with the charge of battery, which is why people frequently believe that the phrase ‘assault and battery’ is a single charge rather than two separate ones.
Self-defense is more complicated because it defines itself partly by the assault someone is defending themselves from. Self-defense is a matter of degrees.
What Factors Affect Your Self-Defense Claim?
Simply claiming self-defense in a situation that involves violence between individuals, whether it arises from a home invasion or some type of domestic violence or sexual assault, is not sufficient if certain other factors do not exist. That’s why knowing if these factors apply to your situation is essential.
Genuine Belief of Danger
For instance, to claim self-defense, you must show that you believed in the threat of immediate and grave danger at the time. If you were laughing and joking as you struck someone, arguing that you thought yourself or others were in danger would be hard.
Not Provoking the Situation
Sometimes, acts typically considered self-defense could change if the victim provoked the other party and antagonized the circumstance. If the escalation of the problem was partially the responsibility of the attacked person, that could affect any claim of self-defense.
Restraint with Force
It’s also important to recognize when retaliation goes beyond self-defense. When the force to stop someone exceeds the necessary amount to stop the assault, it moves beyond self-defense. For example, if someone of similar size threw a soda bottle at you, it would likely not be considered self-defense to stab them with a knife.
Deadly Force Use
When you use force with the intent of self-defense, and it leads to someone’s death, it is called deadly force. It is generally not considered self-defense unless the assault held the genuine threat of serious bodily harm, death, or sexual assault.
Are There Different Types of Self-Defense in Michigan?
While no distinct and separate “types” of self-defense exist, key elements affect when and how someone can claim self-defense. For instance, when someone attacks you, certain states require a ‘duty to retreat,’ which means you should attempt to flee the situation.
However, Michigan is a ‘stand your ground’ state. That means you are not required to retreat to be able to claim self-defense. There are a few crucial details that could alter that, though.
Committing a Crime
If the person attacked is committing a crime at the time of the incident, that changes the situation. After all, the attacker could claim that their attack was intended to stop a crime in progress. So, in situations where crimes occur, ‘stand your ground’ would likely not apply.
Lawfully in a Location
Another situation where ‘stand your ground’ may not apply is when you are in a location without lawful permission. For instance, if you are on private property or have gained entrance into a paid venue without paying, there is no clear lawful right to be there. That may mean that self-defense no longer applies to your situation.
Does Self-Defense Apply to All Forms of Assault in Michigan?
While self-defense can be a potential claim for many types of assault, the acts permitted in self-defense change based on the severity of the assault, as mentioned in the above paragraphs. To feel confident that your self-defense reaction matches the type of assault, you should know more about the different assault types under Michigan law.
Simple Assault
While no assault is considered ‘simple’ to the victims, in this case, the term ‘simple’ primarily means that there are no complicating factors. Simple assault is essentially an unlawful attack that one individual suffers at the hands of another person. This type of assault is a misdemeanor offense.
Aggravated Assault
Aggravated assault is different from simple assault in that it factors in the potential injuries involved. While simple assault is primarily about the act of assault itself, aggravated assault is an assault that results in severe injuries. While simple assault is a misdemeanor, aggravated assault generally rises to the level of a felony.
Felonious Assault
While aggravated assault is also a felony-level assault, there is a level of assault more extreme than that. Felonious assaults involve the intent to do more serious and grievous bodily harm but do not cross over into murder. In addition, felonious assaults may also include the presence and use of a dangerous weapon. Like aggravated assault, this is a felony offense, but the potential punishments may often be more significant.
Should I Consult an Attorney About Assault and Self-Defense?
Knowing the legal facts about self-defense is vital because many factors can affect it. What you do in self-defense during a violent interaction could result in an assault charge, which, for a first offense, may result in up to 93 days of imprisonment.
Don’t risk that possibility on your own. Attorney Jalal J. Dallo and the team at Dallo Law, P.C. are ready to help you understand the details and verify that self-defense in an assault is a viable potential option for you. Give the office a call at 248-290-9962 to learn more.
