Under Michigan law, there are some acts that, while they form the basis of criminal charges, are justified in certain situations. For example, if a person uses force against another person, they may be charged with an assault crime, but if they took such action to protect themselves or someone else, the charges against them might be dismissed. In a recent ruling, a Michigan court discussed what evidence a criminal defendant must produce to establish the use of force was appropriate. If you are charged with assault or any other crime, it is in your best interest to confer with a skilled Michigan criminal defense attorney.
Background of the Case
It is alleged that the defendants, husband, and wife, were charged with first and third-degree home invasion. The charges arose out of an incident in which they, along with the husband’s mother, went to the home of another man to pick up the mother’s partner. When they arrived, the man reportedly opened the door briefly and then grabbed the partner and dragged her into another room.
Reportedly, the husband and wife heard the partner screaming for help and entered the home without the man’s permission. A physical altercation ensued. A jury convicted the defendants as charged. They appealed, arguing that their attorneys were ineffective because they failed to request a jury instruction on the defense of others. The intermediate appellate court affirmed their convictions, and they appealed to the Michigan Supreme Court. Continue Reading ›