Castle Doctrine and Stand Your Ground Laws in Michigan

Michigan is a Castle Doctrine state and has a no-duty-to-retreat law (commonly called "Stand Your Ground"). When the conditions of the Self-Defense Act (MCL 780.971 to 780.974) are met, a person has no duty to retreat anywhere he or she has the legal right to be. Michigan also gives self-defenders a rebuttable presumption of reasonableness in certain break-in situations (MCL 780.951) and a separate statutory grant of civil immunity in the Revised Judicature Act (MCL 600.2922b).

A key point to understand up front: the no-duty-to-retreat rule and the civil immunity rule live in different statutes. The Self-Defense Act (MCL 780.971 to 780.974) removes the duty to retreat for criminal purposes and preserves the common law. It does not, by itself, create civil immunity. The civil immunity comes from MCL 600.2922b, and it is tied specifically to compliance with section 2 of the Self-Defense Act.

Use of Non-Deadly Force (MCL 780.972(2))

Under MCL 780.972(2), an individual who has not engaged and is not engaged in the commission of a crime at the time force is used may use force other than deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

Use of Deadly Force (MCL 780.972(1))

Under MCL 780.972(1), an individual who has not engaged and is not engaged in the commission of a crime at the time deadly force is used may use deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if either of the following applies:

• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual (MCL 780.972(1)(a)); or
• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual (MCL 780.972(1)(b)).

Rebuttable Presumption in Break-In Situations (MCL 780.951)

Separately from the Self-Defense Act, the Presumption Regarding Self-Defense Act (2006 PA 311) creates a rebuttable presumption that helps a self-defender. Under MCL 780.951(1), it is a rebuttable presumption, in a civil or criminal case, that an individual who uses force under section 2 of the Self-Defense Act has an honest and reasonable belief that imminent death, sexual assault, or great bodily harm will occur, if both of the following apply:

• The person against whom force is used is in the process of breaking and entering a dwelling or business premises, is committing or has committed home invasion and is still present, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will (MCL 780.951(1)(a)); and
• The person using force honestly and reasonably believes that the other individual is engaging in that conduct (MCL 780.951(1)(b)).

MCL 780.951(2) lists circumstances in which this presumption does NOT apply, including where the person against whom force was used had a legal right to be in the dwelling, business premises, or vehicle (and no qualifying no-contact order existed); where the person removed or being removed is the actor's own child, grandchild, or someone in the actor's lawful custody or guardianship; where the person using force is committing a crime or using the premises to further a crime; where the person against whom force was used is a peace officer acting lawfully in the performance of official duties; and where the person against whom force was used is a spouse, former spouse, dating partner, co-parent, or current or former household resident and the person using force has a prior history of domestic violence as the aggressor. This presumption applies in both criminal and civil cases.

Civil Liability Protection (MCL 600.2922b and MCL 600.2922c)

Michigan provides a separate statutory civil immunity for justified self-defense in the Revised Judicature Act. Under MCL 600.2922b, an individual who uses deadly force or force other than deadly force in self-defense or in defense of another individual in compliance with section 2 of the Self-Defense Act is immune from civil liability for damages caused by that use of force to either of the following:

• The individual against whom the use of force is authorized (MCL 600.2922b(a)); and
• Any individual claiming damages arising out of injury to or the death of that person, based on his or her relationship to that person (MCL 600.2922b(b)).

The immunity in MCL 600.2922b is tied to compliance with section 2 of the Self-Defense Act (MCL 780.972). The statute does not extend this statutory immunity to force used only under the common law of self-defense.

MCL 600.2922c provides a fee-shifting remedy. Under that section, the court shall award the payment of actual attorney fees and costs to an individual who is sued for civil damages for allegedly using force against another individual if the court determines both that the individual used force in compliance with section 2 of the Self-Defense Act and that the individual is immune from civil liability under section 2922b. The statute conditions the award on that two-part finding. It does not use a general "prevailing party" standard and does not, on its face, name the party from whom the fees are recovered.

How the Self-Defense Act Treats the Common Law

The Self-Defense Act does not replace Michigan's common law of self-defense. Two sections preserve it:

• MCL 780.973 provides that, except as provided in section 2, the act does not modify the common law of Michigan in existence on October 1, 2006 regarding the duty to retreat before using force. In other words, outside the section 2 scenarios, the pre-existing common-law retreat rules continue to apply.
• MCL 780.974 provides that the act does not diminish an individual's right to use force in self-defense or defense of another as provided by the common law of Michigan in existence on October 1, 2006.

Neither MCL 780.973 nor MCL 780.974 creates civil immunity. They preserve common-law rules. The statutory civil immunity is found only in MCL 600.2922b.

Key Statutory References

The Self-Defense Act is a standalone act (2006 PA 309). It is not part of the Michigan Penal Code (MCL chapter 750). The rebuttable presumption and the civil immunity provisions live in separate acts.

• Self-Defense Act, MCL 780.971: Short title.
• Self-Defense Act, MCL 780.972: Use of deadly force and force other than deadly force by an individual not engaged in the commission of a crime; conditions; no duty to retreat. Subsection (1) governs deadly force; subsection (2) governs force other than deadly force.
• Self-Defense Act, MCL 780.973: Effect of the act on the common-law duty to retreat (preserves the common-law duty to retreat outside the section 2 scenarios).
• Self-Defense Act, MCL 780.974: Effect of the act on common-law self-defense rights (preserves pre-existing common-law rights to use force).
• MCL 780.951 (2006 PA 311): Rebuttable presumption regarding self-defense. Subsection (1) creates the presumption; subsection (2) lists when it does not apply.
• MCL 600.2922b (2006 PA 314): Statutory civil immunity for force used in compliance with section 2 of the Self-Defense Act.
• MCL 600.2922c (2006 PA 312): Award of actual attorney fees and costs where the court finds compliance with section 2 of the Self-Defense Act and immunity under section 2922b.

Important Conditions

1. The individual must not be engaged in the commission of a crime at the time force is used (MCL 780.972).
2. The individual must be in a place where they have the legal right to be (MCL 780.972).
3. The belief that force is necessary must be both honest and reasonable, a combined subjective and objective standard (MCL 780.972).
4. There is no duty to retreat before using deadly or non-deadly force, provided the above conditions are met (MCL 780.972).
5. Civil immunity is not automatic with any self-defense claim. It attaches only when the use of force complies with section 2 of the Self-Defense Act, and it is granted by MCL 600.2922b, not by the Self-Defense Act itself.