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Self Defense - Assault and Domestic Violence Crimes

Posted by attorney Cy Abdo

The following is a brief explanation of "self defense" as used in connection with assault crimes in the State of Michigan. It is also a law that Concealed Pistol License holders should know and continuously study in the event of an incident to avoid any misunderstandings regarding the use of a firearm.

If you are charged with an assault crime, including domestic violence, you may be able to assert that you acted in self defense. In this regard, self defense is a question of fact for the jury to decide.

The test for self-defense is whether a defendant honestly and reasonably believed he or she was in danger of imminent death or serious bodily harm and used only the amount of force that appeared immediately necessary to protect against that danger.

The test of "honest belief" means only that a defendant's conduct should be judged "from the circumstances as they appeared to him at the time."

The right of self-defense commences when necessity, real or apparent, begins, and ends when it ceases.

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This is not to be construed as legal advice. You should consult with an attorney for legal representation or if you a specific question regarding self defense.

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