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In Michigan, defending yourself and your loved ones from a home invasion is a natural instinct and a legal right under the state’s self-defense laws. However, while Michigan law provides robust protections for individuals acting in self-defense, the legal nuances can be complex. At Ben Hall Law, our East Lansing criminal defense lawyer is committed to helping individuals understand their rights and how Michigan’s self-defense laws apply to home invasions.

If you’ve acted in self-defense during a home invasion or are facing charges related to such an incident, here’s what you need to know about your rights and the law.

Home invansion in MI

Michigan’s Castle Doctrine: Protecting Your Home

Michigan operates under a version of the Castle Doctrine, which allows individuals to use deadly force to defend themselves against an intruder in their home. The law assumes that your home is your “castle,” and you have the right to protect it from unlawful intrusion or attack.

Under Michigan law, you may use force when:

  • Someone is unlawfully and forcibly entering your home.
  • The intruder is already unlawfully inside your home.
  • You reasonably believe the intruder intends to harm you or others.

Importantly, Michigan’s self-defense laws eliminate the duty to retreat when you are in your home. This means you are not required to attempt to flee before defending yourself, even if deadly force becomes necessary.

The Presumption of Reasonableness

Michigan law includes a presumption that your use of force is reasonable if an intruder unlawfully and forcibly enters your home. This presumption protects homeowners by shifting the burden of proof to the prosecution to show that their actions were not justified.

However, this presumption does not apply if:

  • The person you used force against was lawfully in your home, including guests.
  • You were engaged in illegal activity at the time of the incident.
  • The force used was disproportionate to the threat posed by the intruder.

Limits to Self-Defense in Home Invasions

While Michigan law provides strong protections for individuals defending their homes, there are limits.

You cannot claim self-defense if:

  • You were the aggressor or provoked the situation.
  • The intruder posed no imminent threat to your safety or the safety of others.
  • You used excessive force beyond what was necessary to neutralize the threat.

These limitations underscore the importance of acting responsibly and consulting with an experienced criminal defense attorney if you are involved in a self-defense situation.

What to Do After a Michigan Home Invasion

If you’ve used force during a home invasion, it’s critical to take the following steps to protect your legal rights:

  • Call 911 Immediately: Report the incident and request necessary medical assistance.
  • Avoid Making Detailed Statements: Refrain from discussing the incident with anyone, including law enforcement, until you’ve spoken with an attorney.
  • Document the Incident: Record any evidence, such as damage to your home or injuries, and write down your account of what happened while it’s fresh in your memory.
  • Contact an Attorney: A skilled criminal defense lawyer can help protect your rights and build a strong defense if you face legal challenges.

How Ben Hall Law Can Help

At Ben Hall Law, we understand the stress and uncertainty of defending yourself during a home invasion. Our experienced East Lansing criminal defense attorney is here to help you navigate Michigan’s self-defense laws, protect your rights, and fight for the best possible outcome in your case.

Call 877-BEN-HALL (517-798-5801) or contact us online for a confidential consultation. Let us help you understand your rights and provide the aggressive defense you deserve. Your home is your castle—let us help you defend it.

 

 

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“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”

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“I had an excellent experience with this law office. Ben Hall was able to handle my situation promptly and thoroughly, I was thankful we were able to avoided the hassle of going to court. I was looking for housing and if that isn’t an overwhelming task in itself, once I found a place that had vacancies they did not want to allow my support dog and the lady responsible for processing my application began sending me in circles and improperly handled the application process. It was to the point I didn’t think I was going to get housing when I contacted Ben Hall. He dove right in and explained to me the process and options and he guided me how to proceed and also contacted the housing development and let them know what their options were and how this was going to go if they continued to unjustly process my application… I received housing promptly with no further issues! So thankful for this option to pay such a minimal fee to have a lawyer in your corner and build a relationship with them. In a world were nothing is for sure it is a comfort to have such ease of access with this law office.”

Melinda

“Ben was very generous with his time and expertise. He asked straightforward questions and offered excellent options to meet our objectives. Amazing turn around on short deadlines. We needed a legal opinion dealing with a conflict of interest on a local school board. WOW! Ben really understood the issues andbour concerns. He produced an amazing 8 page opinion in in a weeks time. And he worked with us on minimizing legal fees.”

Dave

“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”

Anonymous

Ben was very generous with his time and expertise. He asked straightforward questions and offered excellent options to meet our objectives. Amazing turn around on short deadlines. We needed a legal opinion dealing with a conflict of interest on a local school board. WOW! Ben really understood the issues andbour concerns. He produced an amazing 8 page opinion in in a weeks time. And he worked with us on minimizing legal fees.

Dave

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