People can face violent charges over a physical fight or an incident that results in someone’s death. Police officers and prosecutors may assume criminal intent in scenarios where one person simply wanted to protect themselves, another person or even their property.
Many people must take their cases to trial to prove that they acted in self-defense, not with the intent of harming another person. Valid self-defense claims in Michigan must meet specific legal standards. The three details below can affect the viability of a self-defense claim.
1. Lawful presence
People generally can only engage in self-defense when they are lawfully present in a location. Those trespassing or committing a crime when an incident occurs do not automatically have the right to use physical force to protect themselves against the violence of others, whose actions may simply be a response to a crime in progress.
2. Reasonable safety concerns
For a self-defense claim to hold up during criminal proceedings, it must pass the reasonable person test. Would another reasonable adult in the same situation determine that physical force is necessary for self-protection? If other people may not view certain words or actions as credible threats, then people may struggle to assert that they acted in self-defense.
3. Proportional response
Responding to one person’s attempt to trip another with deadly force is likely a disproportionate response. People acting in self-defense must ensure that the amount of force they use is appropriate given the degree of threat they believe is present in the situation.
Working with a criminal defense attorney can help people decide if a claim of self-defense is an appropriate legal strategy. A lawyer can help evaluate the situation at issue and begin strategizing accordingly.