Can You “Stand Your Ground” in Michigan?

Can You “Stand Your Gro…

In light of the recent controversial developments in Florida, lawmakers in some states have begun to discuss potential changes to their respective states’ self-defense laws.

In 2006, Michigan passed a law similar to the much talked about Florida statute — often referred to as a “stand your ground” law. Under the Michigan statute, an individual may use deadly force if he or she “honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual” or to prevent the “imminent sexual assault of himself or herself or of another individual.” This 2006 law expanded the protection afforded by the traditional “castle doctrine,” which holds that there is no legal duty to retreat when your home (i.e., “castle”) is under attack. Prior to the passage of the 2006 law, individuals were generally required to retreat from attacks occurring outside of the home.

Several states have adopted laws that bear similarities to Michigan’s 2006 law. It does not appear that any bills have recently been introduced in Michigan to change the current state of the law. Nonetheless, it appears likely that this issue will remain on the radar screens of state and federal lawmakers in the future.

As always, if you have any legal questions or concerns, please contact Wright Beamer.

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