Michigan Compiled Laws

Mich. Comp. Laws § 780.961 (2026)

Use of deadly force or force other than deadly force; establishing evidence that individual's actions not justified.

✓ current as of July 2026
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DEADLY FORCE


Act 310 of 2006


780.961 Use of deadly force or force other than deadly force; establishing evidence that individual's actions not justified.

Sec. 1.

    (1) An individual who uses deadly force or force other than deadly force in compliance with section 2 of the self-defense act and who has not or is not engaged in the commission of a crime at the time he or she uses that deadly force or force other than deadly force commits no crime in using that deadly force or force other than deadly force.

    (2) If a prosecutor believes that an individual used deadly force or force other than deadly force that is unjustified under section 2 of the self-defense act, the prosecutor may charge the individual with a crime arising from that use of deadly force or force other than deadly force and shall present evidence to the judge or magistrate at the time of warrant issuance, at the time of any preliminary examination, and at the time of any trial establishing that the individual's actions were not justified under section 2 of the self-defense act.

History: 2006, Act 310, Eff. Oct. 1, 2006

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2008–2025 · leading case: People v. Conyer, 762 N.W.2d 198 (Mich. Ct. App. 2008).
People v. Conyer, 762 N.W.2d 198 (Mich. Ct. App. 2008). “3 These acts were codified at MCL 780.961, MCL 780.951, MCL 600.2922c, MCL 768.”
State v. Patterson, 2025 Ohio 280 (Ohio Ct. App. 2025). “17, §§ 101 through 108; Mich. Comp. Laws §§ 780.961 through 780.974; Minn.”
People of Michigan v. James Hosey Johnson (Mich. Ct. App. 2016). · cites it 2× “During pretrial, defendant moved the trial court to quash the warrant, complaint, and felony information against him on the grounds that the prosecution failed to provide adequate evidence of lack of self-defense at the preliminary examination to fulfill the requirements of MCL…”
People of Michigan v. Deangelo Jones (Mich. Ct. App. 2020). · cites it 2× “Defendant asserts that a proper pretrial motion could have led to dismissal of the case.”
People of Michigan v. Christopher Paul Schurr (Mich. Ct. App. 2024). · cites it 2× “; see also People v Doss, 406 Mich 90, 103 ; 276 NW2d 9 (1979) (concluding that the district court did not abuse its discretion when it bound over the defendant police officer for trial because the defendant did not establish as a matter of law that he was justified in killing…”
Jones v. Howard (E.D. Mich. 2024). · cites it 2× “Failure to Comply with Michigan Compiled Law § 780.961(2) - Claim 4 Petitioner lastly argues that she is entitled to habeas relief because the Michigan Court of Appeals failed to provide a remedy for an alleged violation of Michigan Compiled Laws § 780.”
People of Michigan v. Belinda Denise Jones (Mich. Ct. App. 2017). “Next, defendant argues that the prosecutor failed to comply with the requirements of MCL 780.961(2) that the prosecutor must present evidence at the time of the warrant issuance, at the preliminary examination, and at trial that the defendant’s actions were not justified under…”
People of Michigan v. Belinda Denise Jones (Mich. Ct. App. 2017). “Next, defendant argues that the prosecutor failed to comply with the requirements of MCL 780.961(2) that the prosecutor must present evidence at the time of the warrant issuance, at the preliminary examination, and at trial that the defendant’s actions were not justified under…”
People of Michigan v. Gerald Andrew Kupinski (Mich. Ct. App. 2018). “3 MCL 780.961 provides: (1) An individual who uses deadly force or force other than deadly force in compliance with section 2 of the self-defense act and who has not or is not engaged in the commission of a crime at the time he or she uses that deadly force or force other than…”
People of Michigan v. Gerald Andrew Kupinski (Mich. Ct. App. 2018). “3 MCL 780.961 provides: (1) An individual who uses deadly force or force other than deadly force in compliance with section 2 of the self-defense act and who has not or is not engaged in the commission of a crime at the time he or she uses that deadly force or force other than…”
— Mich. Comp. Laws § 780.961(2) — 6 cases
People of Michigan v. James Hosey Johnson (Mich. Ct. App. 2016). “During pretrial, defendant moved the trial court to quash the warrant, complaint, and felony information against him on the grounds that the prosecution failed to provide adequate evidence of lack of self-defense at the preliminary examination to fulfill the requirements of MCL…”
People of Michigan v. Deangelo Jones (Mich. Ct. App. 2020). “Defendant asserts that a proper pretrial motion could have led to dismissal of the case.”
People of Michigan v. Christopher Paul Schurr (Mich. Ct. App. 2024). “; see also People v Doss, 406 Mich 90, 103 ; 276 NW2d 9 (1979) (concluding that the district court did not abuse its discretion when it bound over the defendant police officer for trial because the defendant did not establish as a matter of law that he was justified in killing…”
Jones v. Howard (E.D. Mich. 2024). “Failure to Comply with Michigan Compiled Law § 780.961(2) - Claim 4 Petitioner lastly argues that she is entitled to habeas relief because the Michigan Court of Appeals failed to provide a remedy for an alleged violation of Michigan Compiled Laws § 780.”
People of Michigan v. Belinda Denise Jones (Mich. Ct. App. 2017). “Next, defendant argues that the prosecutor failed to comply with the requirements of MCL 780.961(2) that the prosecutor must present evidence at the time of the warrant issuance, at the preliminary examination, and at trial that the defendant’s actions were not justified under…”
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