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Michigan Stand Your Ground

Gun Owning a firearm for self defense is an awesome responsibility. Therefore, people possessing or carrying firearms for self defense must know the details of Michigan’s self defense laws. These are commonly referred to as the Stand Your Ground Law and the Castle Doctrine.

The Stand Your Ground Law applies both inside and outside your home. The Castle Doctrine only applies in three situations; (1) when the self-defense act occurs inside a person’s home, or (2) business, or (3) during car jacking situations.

In a recent media appearance, Michigan self-defense lawyer Patrick Barone explained Michigan’s self defense laws, including the difference between the Castle Doctrine and the Stand Your Ground Law. The title of the article is Lawyer explains Michigan’s Castle Doctrine law: When you can and can’t shoot an intruder.

What is Michigan’s Stand Your Ground Law?

Stand Your Ground is a legal defense to an act of self-defense that results in the death or serious injury of another. This law allows you to use deadly force, with no duty to retreat, if you have an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to yourself or to another individual.

For this defense to apply, you must be able to prove three things:

  1. You are not committing a crime or breaking the law. Note, this does not mean that they will not be charged with a crime, only that they were not in the commission of crime when the defensive act took place.
  2. The self defense occurs in a place you are legally permitted to be present, and;
  3. You must honestly and reasonably believe that deadly force is necessary to defend against imminent or immediate death, serious injury, or imminent sexual assault will or is occurring

This Stand Your Ground Law applies also to the use of non-deadly force. Generally speaking, you are only allowed to use the degree of force necessary under the circumstances. And, you must also satisfy the above three criteria when using non-deadly force.

Can I Still be Prosecuted if I Act in Self Defense?

Yes. Remember, a legal defense does not preclude prosecution! A person can be prosecuted even when all the elements of a successful defense are present.

Criminal Defense MapTo help explain this, let’s look at the most contentious factor, whether a person has an honest and reasonable believe that the use of deadly force is necessary to eliminate the imminent threat of serious injury, sexual assault or death. This is a subjective belief.

If the police and prosecutor believe that a “reasonable person” would have perceived the situation differently, then you can still face charges, even if you acted in self defense. In such situations, you may have to put your faith in your attorney and in a jury of 12 citizens.

In these tumultuous and chaotic times of social change and protest, the topic of self-defense is on people’s minds today more than ever. People around Michigan are wondering what their right to self defense is if a protestor or anyone breaks into their home.

If you are facing prosecution for a self-defense incident, please contact the 2nd Amendment and Self-Defense Trial Attorneys at the Barone Defense Firm are available for a free consultation.

Excellence in Criminal Defense - Barone Defense Firm
Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.