Self Defense in Michigan
I want to go to a parade. But someone who is there wants to fight me. I feel confident that i could win the fight, but i don't want to get into trouble, there will be lots of people and cops so i don't think it'd be a good idea to fight there. But i'm still going to the parade. So my question is.. When can i legally defend myself and hit him back? Does he have to hit me first? or if he swings at me and i block it or move, can i legally hit him back without getting into any trouble with the law?
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"can i legally hit him back without getting into any trouble with the law?" - No. To justify self defense you must meet several criteria:
1. You must be in fear of injury or death
2. You must be in a situation where retreat is not possible
3. You may only use the amount of force to stop the attack.
Punching him back is retaliation and creates a mutual combat situation where both of you can be arrested and charged.
There are too many what-ifs to answer your question completely and properly here. You have the right to defend yourself, but hitting him back usually would not be defense. If you hit him back, basically it is a mutual fight and both of you can get into trouble. Hitting him back is just as much as assault as anything else, you are keeping the fight going, there is no defense in that. If you block, usually fine, move, even better. But why would you even risk going somewhere where you know someone wants to fight you? Sorry I couldn't help more, but there are so many way this could happen no one can really answer it.
If it is just fists, best not to hit back. Maybe you can prove you were simply defending yourself, but you run a serious risk of being convicted of fighting. If he draws a gun or a knife, then you can defend yourself and it will probably be OK. Understand that no one will have all the facts, and your case will be decided based on eyewitnesses, who notoriously get the facts wrong. Just because you are technically in the right doesnt mean you wont do time.
Well... sit in a different area than this person. Self defense means that you had no choice but to defend yourself, but purposely being in the same area may be looked at as provoking. Go sit far away and if THEY hit you first do what you need to do to protect yourself and hope it all works out.