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Deadly Force – A Summary

The use of deadly force has strict requirements you must be aware of, under Michigan law they are:

Deadly force becomes justifiable when there is an honest and reasonable belief that you or another person is under the immediate and otherwise unavoidable danger of death, serious physical injury or sexual penetration.

 1. You may be required to defend yourself or another on the street and in the courtroom.  Know the law and try to use court defensible tactics. 

2. The use of deadly force is based on the doctrine of the reasonable man.  “What a reasonable man would have done under the same circumstances, knowing what the defendant new.”

3.  How do you know what is reasonable?

Answer:  Acting within the law and using only the reasonable force necessary to stop the attack

Also......................

4.  When the attack is over, the threat has stopped or the aggressor gives up, you must stop.

5.  There should be no other reasonable means of self defense

6.  You have done everything reasonable to avoid the confrontation

7. You did not put yourself in a position to use your gun just because you have one.

8. There is no safe way to escape or retreat

9. Deadly force can be used to protect you or another person under like circumstances.

10. Deadly force cannot be used to protect property from theft or destruction

11. There is a duty to retreat to avoid using deadly force if you can do so safely.  This duty does not apply when defending yourself in your own dwelling.

12.  Your intent is self-defense only.

 Also consider.......................

A person can be held criminally and civilly liable for wrongfully pointing or discharging a pistol at another person. This could result in trauma to yourself and your family, the loss of freedom, loss of employment, related wages and health benefits, and future wages and employment. There is always the possibility of prosecution and/or a wrongful death lawsuit.

 Any object or degree of force used to protect yourself that a reasonable person would consider capable of causing death or serious injury and it was your intent to use it in that manner could be considered using deadly force.  Is the level of force justified?

 Alternatives to the use of the handgun are important.  Don’t think the gun can or will solve all your self defense needs.

 Non-lethal use of force for subject control (Pepper Spray)

Michigan law allows the reasonable use of a self defense spray device by a person in the protection of a person or property under circumstances which would justify the person’s use of physical force.

 By applying the principles of personal safety and common sense when out in public areas, we could avoid 90% of the confrontations we may encounter.

Anytime you do not have to shoot somebody (even if it’s justifiably) it is the wise thing to do.

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