Can I Use Self-Defense as a Defense Against Assault Charges in Michigan?

Assault charges are often brought about as a result of physical altercations and violence, but just because force was used does not necessarily make an action a criminal offense. If you are facing assault charges in Michigan, there is a plethora of defense options you can implement in your case, including self-defense. Criminal cases can be overwhelming and complex so it is important that you are adequately represented. Work with an experienced Marquette assault lawyer for skilled representation and legal advice during your case.

What Are the Penalties for Assault in MI?

There are many different definitions of assault and levels of offenses that you can be charged with in Michigan and the consequences will vary depending on the specific circumstances of the situation. The penalties for each offense are generally as follows.

Misdemeanor assault:

• Imprisonment of 93 days to 1 year
• Fines of $500 to $1,000

Felony assault:

• Imprisonment of up to 5 years
• Fines of up to $5,000

Depending on the details and severity of the offense you may face less or more extreme consequences and additional penalties like restitution, probation, community service, mandatory anger management courses, etc.

Can I Use Self-Defense as a Defense Against Assault Charges in MI?

As established, the penalties for assault in Michigan can be severe and even life-altering depending on the details of your offense. It is important to explore all of your options regarding defensive strategies during your case. The following are popular and effective defenses often implemented in assault cases.

• Consent
• Lack of mental state
• Duress
• Necessity
• Defense of others
• Defense of property
• Self-defense

Self-defense is one of the most common defensive strategies against assault charges, and when done right it can prove effective.

How Can I Prove Self-Defense During My Assault Case?

Though self-defense can be an effective defense against assault charges, it is important that you prove that you were genuinely acting in defense of yourself or others. The law requires the following.

• You were under threat of immediate harm or reasonably believed you were under threat of immediate harm
• The force you used was proportionate to the threat
• You did not provoke or harm the offender first
• There was no reasonable way to escape the situation

Note that Michigan enforces a Stand Your Ground Law, meaning that an individual is permitted to use force and deadly force in self-defense when being attacked without retreating if they believe it is necessary and that their life is in danger. With that being said, although Michigan law does not require you to retreat from an altercation of this kind, courts may consider whether there was an alternative way to defuse the situation.

The legal process can be complex especially when implementing a defensive strategy like self-defense. Contact Berger Law to speak with a skilled attorney and set up a consultation today.