In this blog we will be going over the many types of defense that can be used in the court of law. Defenses are the most useful and important tool in avoiding criminal penalties. Most defenses must be raised by either you (the defendant), or your attorney. Neither the judge, nor the prosecutor will do it for you.
Self Defense
Self Defense is the defense of one’s person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime. Normally, when you attack someone with lethal or nonlethal force, you are committing a crime. However, if they attacked you first then the defense of “self-defense” can protect you from criminal liability. There are a number of laws that govern when and how you are legally allowed to use force to defend yourself. Usually you are only permitted to use the level of force (lethal or nonlethal) that is being used against you. If you intentionally kill another person without being in reasonable fear of death or bodily injury, you are guilty of murder. Imperfect self-defense is usually second degree murder.
Due to the fact that you are in reasonable fear of death or bodily harm, you cannot be charged with murder. However, use of excessive force or gross negligence can result in being charged with involuntary manslaughter.
Does Michigan have a stand your ground law? What is standing your ground?
Normally, you have a duty to retreat when confronted by an assailant. When possible you must attempt to flee if possible rather than use force in self-defense when you have such a duty. Under the “Castle doctrine”, there is no duty to retreat when you are attacked in your own home. The Castle doctrine applies to any residence, even if you do not own it.
A “Stand your ground” law extends the castle doctrine to any place you are legally allowed to be and largely eliminates the duty to retreat. Whether in your home or out in the world, the rules governing the use of deadly force are the same. Lethal force may only be used if you reasonably believe that doing so is necessary to prevent imminent death, severe bodily harm, or sexual assault. Imminent means in that moment. Someone threatening to hurt or kill you tomorrow is not imminent and does not justify killing that person.
Can I employ force in self-defense in order to resist an unlawful arrest?
Yes, you can. Any improper arrest may be resisted with nonlethal force. Resisting arrest with lethal force is only justified if you did not know that the person arresting you was a police officer.
What is duress?
The defense of duress is raised when the perpetrator commits a crime because they have been threatened or coerced by another person into doing so. This defense is only valid if a reasonable person would have believed that there was a threat of imminent death or severe bodily harm. Threats to property do not give rise to a duress defense. Duress is an effective defense against any criminal charge except for intentional homicide. This makes sense because the law does not want to allow you to sacrifice another innocent person’s life to save your own. A crime is only justified to prevent even worse harm.
Conclusion
Ignorance of the law is never an excuse; all citizens are presumed to know the contents of the federal and state criminal code. However, if reliance on the mistaken advice of an attorney would undermine the necessary mental state for a crime, then it can be used to cast reasonable doubt on the prosecution’s case. There are, however, some exceptions to this rule. If the statute being used was never published or otherwise made available to the public before the crime occurred, then lack of knowledge of that law is a defense. The same goes for reasonable reliance on a statute/judicial interpretation.
If you have any questions about your rights in Michigan give Goldman and Associates a call today. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.
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