This information courtesy of
MCRGO…
So, here we go … MCL 780.951 (Public Act 311 of 2006) states:
“(1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply:
(a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.
(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).”
The basic rule on use of force in self-defense is that the force must be proportional to the threat.
Essentially, deadly force is only authorized in self-defense when preventing: death, great bodily harm that could lead to death, or rape (known modernly in Michigan as sexual assault.) The individual using deadly force in legitimate self defense must have an actual belief that he / or she is preventing one of those three things, and that belief has to be reasonable under all the circumstances. In other words, a jury would have to agree that, if they were in the same situation, they would share that same belief that great bodily harm, death, or sexual assault were about to occur. Read more