Lapeer Michigan: It's not self defense if you return to the fight after you've walked away

Here’s one of the things we teach people - its not self defense if you’re the aggressor. If you can safely walk away, do it. Once you’re away, don’t re-engage if you have a choice. If you go back… now its on you and it’s not self-defense.

Prosecutor Michael Sharkey told The County Press, “Although under the Second Amendment to the U.S. Constitution and the 1963 Constitution of Michigan, Article 1, Section 6, reads, ‘Every person has a right to keep and bear arms for the defense of himself and the state,’ this case is not about the Second Amendment.”

“On Dec. 30, at approximately 7:15 a.m. Smith and Kohn engaged in a heated verbal argument over Smith exiting with his vehicle out the entrance of the Clark gas station leaving limited room for other drivers to enter from M-24. After the heated verbal argument ended, Smith returned armed with a .38 revolver and feloniously assaulted Kohn with his pistol; in turn, Kohn armed himself with a crowbar that escalated resulting in Kohn’s death.”


Hopefully all of us remember about this :thinking: - NEVER BE AN AGGRESSOR IF YOU WANT TO USE DEADLY FORCE !


On point!!

Some people have odd misconceptions about how ** self-defense** works. However its in the words, “Self” “Defense”

Webster dictionary defines it as

  1. plea of justification for the use of force or for homicide.

2: the act of defending oneself, [one’s property <-------Forget that one] or a close relative.


Never WANT to use deadly force.

Just harassing you, @Jerzy. We all know what you mean.


It is unfortunate but I am dealing with a “self defense” claim that has similar issues.


That’s gonna suck for everyone involved I think.


I’m better in Polish :wink:
Yeah, you are right, I’ve just noticed this word doesn’t fit here…


I know you can’t discuss “the case” but in similar like instances,what is the best outcome one could possibly hope for?


On a really good day it ends up as a misdemeanor disorderly conduct, menacing or wanton endangerment. This won’t be one of those days.


If you can get away, get away and stay away! I get the emotional side of it, but If I can avoid deadly force, or any force safely, I will.


:cry: :cry: :cry: :sob: :sob:


So what’s the “worst-case” and we will use me as an example. You were representing me and “I” acted as the aggressor and charged…

With no priors, I contribute a lot to my city and I have a good character…. <------ True about me but I’m not sure how that affects a case.

Am I still looking at the time or maybe a class E type felony with a suspended sentence?


That depends on how it is charged and what might get to a jury. Felony wanton endangerment is a class D felony in KY subject to 1-5 years in prison. Multiple shots fires could be listed as separate counts and there could be a push for sentences to run concurrently instead of consecutively. Worse case, assuming no injury, it is possibly charged as attempted murder which could be from 5 years to life.



I see that! I never like to say never but I’ll say never for this example. I’m too much of the “nice guy” to be an aggressor but again never want to say never. Who knows what type of accusations come to a person! Thank God for those who defend our lives as an attorney like you @MikeBKY!

I hope to stand there and protect people’s life (through my best ability) soon enough!