Michigan Compiled Laws
Mich. Comp. Laws § 780.973 (2026)
Duty to retreat; effect of act on common law.
✓ current as of July 2026
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SELF-DEFENSE ACT
Act 309 of 2006
780.973 Duty to retreat; effect of act on common law.
Sec. 3.
Except as provided in section 2, this act does not modify the common law of this state in existence on October 1, 2006 regarding the duty to retreat before using deadly force or force other than deadly force.
History: 2006, Act 309, Eff. Oct. 1, 2006
Notes of Decisions
Cited in 20
cases (6 in the last 5 years), 2008–2024 · leading case: People v. Dupree, 788 N.W.2d 399 (Mich. 2010).
People v. Dupree, 788 N.W.2d 399 (Mich. 2010). “[22] See MCL 780.973 ("[T]his act does not modify the common law of this state in existence on October 1, 2006 regarding the duty to retreat before using deadly force or force other than deadly force.”
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “The Legislature also enacted MCL 780.973 and MCL 780.974, which explicitly clarify that certain other aspects of the common law relating to self-defense were not abrogated.”
People v. Conyer, 762 N.W.2d 198 (Mich. Ct. App. 2008). “” MCL 780.973. The shootings that gave rise to defendant’s arrest took place on January 29, 2006; the SDA did not become effective until October 1, 2006.”
Hinds v. Huss (E.D. Mich. 2023). “974 reaffirms a person's right to assert self-defense as it existed under the common law, MCL 780.973 of “the SDA modified the common law's duty to retreat that was imposed on individuals who were attacked outside their own home or were not subjected to a ‘sudden, fierce, and…”
Getter v. Corrigan (W.D. Mich. 2023). “Mich. Comp. Laws § 780.972 . But the SDA’s modification of the common law defense goes no further than the words quoted above.”
Cortez 320358 v. Christiansen (W.D. Mich. 2023). “Mich. Comp. Laws § 780.972 . The SDA’s modification of the common law defense goes no further than the words quoted above.”
People of Michigan v. Alex Jay Adamowicz (Mich. Ct. App. 2017). “If the defendant could have safely retreated but did not do so, you may consider that fact in deciding whether the defendant honestly and reasonably believed [he/she] needed to use deadly force in self-defense.”
People of Michigan v. Alex Jay Adamowicz (Mich. Ct. App. 2017). “If the defendant could have safely retreated but did not do so, you may consider that fact in deciding whether the defendant honestly and reasonably believed [he/she] needed to use deadly force in self-defense.”
People of Michigan v. Mary Lou Bigford (Mich. Ct. App. 2017). “MCL 780.973. -6- *** (b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of .”
People of Michigan v. Mary Lou Bigford (Mich. Ct. App. 2017). “MCL 780.973. -6- *** (b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of .”
People of Michigan v. Gerald Andrew Kupinski (Mich. Ct. App. 2018). “” MCL 780.973. And the SDA did “not diminish an individual's right to use deadly force or force other than deadly force in self-defense or defense of another individual as provided by the common law of this state in existence on October 1, 2006.”
People of Michigan v. Gerald Andrew Kupinski (Mich. Ct. App. 2018). “” MCL 780.973. We note also that unaltered, M Crim JI 7.”
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