How a Self Defense Claim Works at Trial in Michigan

GENERAL HYPOTHETICAL SCENARIO

An area in criminal law that is commonly talked about is that of self-defense. Legal self-defense can come about in many ways. For this discussion, let’s consider the following hypothetical scenario:

Peter and David are at a local park watching a recreational softball game with their respective groups of friends. Peter yelled an insult that David didn’t like and responded back, telling Peter to quiet down. This caused an argument between the men. As the men continued to argue, they drew closer to each other and yelled louder. Peter without provocation violently shoved David, causing him to trip over a stadium seat, and fall on the concrete floor. As a result of the fall, David suffered facial injuries and broke a tooth. Peter then stood over David in triumph and continued to insult him, causing the crowd around them to react with cheers and boos. David decided he had enough, reached for his gun, pointed it at Peter, and shot him, killing him. David did this without warning but with a legal permit to carry his gun.

Under Michigan law, can David claim self-defense or should he be convicted of murder? The first instinct here is probably that David went too far and shouldn’t have shot Peter, and that answer is likely true. The main focus of this article is not to decide who wins the case involved Peter and David, but how a self-defense claim can be made at trial to even allow the jury to consider it. To understand how a self-defense claim can be made in your case, make sure that you speak to an experienced criminal defense attorney.

HOW A SELF DEFENSE CLAIM CAN BE MADE

To properly raise a self-defense claim, there must be at least some evidence admitted during the trial where the defendant makes it clear they were acting in self-defense. In many cases, the only way that self-defense claims can be admitted is through testimony from the defendant at the trial. Once evidence of self-defense has been admitted, then the defense lawyer can then ask the judge to instruct the jury on the law of self-defense and how it applies to the case at hand. There has to be at least some evidence put forward of self-defense or else the judge can reject the defense attorney’s request and the jury will not consider self-defense during their deliberations and verdict.

The biggest benefit of a self-defense claim is the additional burden of proof the prosecutor must overcome to secure a conviction. When self-defense has been claimed, then the prosecutor not only has to prove that the defendant is guilty beyond a reasonable doubt, he or she must also prove beyond a reasonable doubt that the defendant did not act in legal self-defense.

THE JURY INSTRUCTIONS ON SELF DEFENSE IN MICHIGAN

Once a jury trial is at its end and the attorneys have delivered their closing statements, the final thing that happens before a jury goes to deliberate is jury instructions. Jury instructions are given by the judge, who instructs the jury on the law and how they are to apply the law to what they believe the facts of the case are in rendering a decision. Each state and federal jurisdiction has its own approved jury instructions that are used, and Michigan has a few related to self-defense.

Under Michigan Criminal Jury Instruction 7.15 – Use of Deadly Force in Self-Defense states: 

• The defendant must have honestly and reasonably believed they were in danger of being killed, seriously injured, or sexually assaulted.
  
• The defendant may not kill or seriously injure another against the threat of a minor injury.
  
• The defendant may only use the amount of force that seemed necessary, but not more.

The defendant can be wrong about how much danger they were in. The main focus is at the time of the incident, how reasonable it was for the defendant to fear death or serious injury. If the jury believes that the defendant met the above elements, then he or she can be found not guilty by reason of self-defense. If you are facing a criminal charge, call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you were acting in self-defense and are facing an assault-related charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.