Legal Question in Criminal Law in Michigan

Felonious Assult or A bumm rap?

I was attacked in my home by a man that my girl friend was seeing. I broke fee from the man and he ran in my bed room and shut the door. I than kicked the door off the hinges. The man picked up the door and began hitting me with it numerous times. so I grabed some knifes to protect my self,as I was badly hurt. I repeditly asked the man to leave the home.He would not. Finally a off duty cop come in the appartment,with gun in hand,told me to freez. I droped the knifes. the man come out of the bedroom and through the door about 25-30 feet corner first and hit me in the right eye. and started to attack me again. I was taken to Oakland Co.jail and was charged with 2 counts of Felonious assult. 4 months in to distruct court the ex-girld told the PA. the I tried to stab her too. I feel this is all a bum rap,can some one help me. Michigan law says that I have the right to protect my self?


Asked on 8/25/99, 4:03 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Felonious Assult or A bumm rap?

From your post it appears that you may have a defense of "self-defense." There is no duty to retreat from one's own home in Michigan and one may use reasonable force to subdue an intruder. It is problematic that it appears that the gentleman went into your bedroom and closed the door, that he somehow locked the door to keep you from getting to him. The prosecutor is probably saying that you were no longer in danger and should have called the police at that time. That by kicking down the door you allowed the incident to escalate and were not justified in using the knives. These are all questions to be decided by a jury. I would advise you to retain an attorney right away for you are facing a serious charge. If you can not afford an attorney you should request the assistance of a court appointed attorney from the court. Good luck.

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Answered on 8/26/99, 10:34 pm


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