MI Self defense law

Discussion in 'Legal and Activism' started by clip11, Jun 29, 2010.

  1. clip11

    clip11 New Member

    If someone attacks you in public and they are unarmed,and you did not initiate the attack by attempting to assault them, but they mean to seriously physically assault you is it legally permissible to use your weapon, especially if theres multiple attackers?

    I know MI has a no duty to retreat self defense law even in public. It says you must be in fear of great bodily harm or death.
  2. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    Generally speaking, you must have a reasonable belief you are in imminent danger of death or serious bodily injury. There are several aspects to this.

    Your belief must be objectively reasonable. If you are five feet nothing and a 6'6" 300# person says that he is going to kill you and initiates an attack, most people would find your belief to be reasonable. If the tables were turned, that would not likely be reasonable.

    The danger must be imminent. Not five minutes from now. NOW!

    The degree of injury must be anticipated as being serious. If someone says "I'm gonna kick your a$$" and moves toward you. How serious do you anticipate this a$$ kicking to be? If you are a reasonably healthy person, would an a$$ kicking kill you? Would it hospitalize you for a protracted period of time? Or, will it cause you to have a bruised hind quarter that will heal up on its own in a week or so with out any medical intervention?

    If you knew you already had a broken back or had a serious heart condition that would be grossly aggravated by such an a$$ kicking, then maybe.

    You may believe your actions were immediately necessary to preserve your life, but the DA and a jury may disagree. You will likely find yourself on the wrong end of a criminal trial regardless if you shoot an unarmed person.

    If you are going to cary for self defense, look into a pre-paid legal service and pick the brain of the attorney that will have to defend you.

  3. NGIB

    NGIB New Member

    This is sage advice. I carry the card of "gun" lawyer I personally know in my wallet...
  4. 753X0

    753X0 New Member

    I think you answered your own question.
    The problem is the police will run through the wringer, most don't like us to have guns.
    A little known fact, is that MI, even with their anti-gun police. Law abiding citizens have the right to carry openly.
  5. diggsbakes

    diggsbakes New Member

    Common sense never hurts. If you have to shoot somebody, shoot them. If you can avoid that scenario in another manner, do so.
  6. 753X0

    753X0 New Member

    +1, I agree wholeheartedly.