Self Defense
MCL 780.972 — no duty to retreat where one has a right to be, and a presumption against a break in
In Michigan, an individual not engaged in the commission of a crime may use force other than deadly force anywhere they have the legal right to be, with no duty to retreat, if they honestly and reasonably believe it necessary to defend themselves or another from the imminent unlawful use of force.
Deadly force, and no duty to retreat. Deadly force may be used under the same conditions where the individual honestly and reasonably believes it necessary to prevent the imminent death of, imminent great bodily harm to, or imminent sexual assault of themselves or another.
It is a rebuttable presumption, in a civil or criminal case, that the individual had that honest and reasonable belief when the person against whom the force was used was breaking and entering a dwelling or business, committing home invasion or still present after it, or unlawfully trying to remove someone from a dwelling, business or occupied vehicle, and the individual honestly and reasonably believed so.
- The presumption does not apply against someone with a legal right to be there, such as an owner or lessee, unless a domestic violence injunction or a no contact order is in place against them.
- It does not apply where the person removed is the other person's child or grandchild, or in their lawful custody.
- It does not apply to an individual engaged in a crime, or against a peace officer entering in the performance of official duties.
- It does not apply against a spouse, former spouse, dating partner, co parent or household member where the individual has a prior history of domestic violence as the aggressor.
A rebuttable presumption is one the other side may overcome with evidence. Whether force was justified in a given case is a question for a court and for a licensed Michigan attorney.
Sources for this section (2)
- MCL 780.972 — Use of deadly force by individual not engaged in commission of crime; conditions
- MCL 780.951 — Individual using deadly force or force other than deadly force; presumption; definitions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.