Ask The Michigan Firearm Instructor: When Do I Have A Duty To Retreat?

Under the Castle Doctrine, there is a general but rebuttable presumption that a home invader puts you in imminent danger. There are some exceptions with regards to some classes of people that you could not claim umbrage under the Castle Doctrine. Nevertheless, it would be the Prosecutor’s burden to prove that you were not in danger. (MCL 780.951)

Under the Self Defense Act, you can use lethal force without a duty to retreat if you or some other person was under an imminent threat of great bodily harm, rape, or death. However, you must be in place where you have permission to be and not committing a crime. (MCL 780.792)

Further, there is another provision for not having a duty to retreat where the provisions of the Self Defense Act are not met. You must, however, be in your own dwelling. (MCL 769.21c)

If you are not protected under …Read the Rest

Source:: Legally Armed in Detroit