Castle Laws in Michigan?

Question

There have been a fair number of break-ins in my neighborhood over the last few months. My house is secure (doors always locked, windows on main floor locked when not at home/at night, cars locked all the time, motion sensor light on detached garage) but in case something happens we want to be ready. There are 3 of us at home, my father is 50, my mother is 53, and I am 17. My dad works nights (6 PM to 6 AM) and my mom works days as a teacher and I'm at school, so there's almost always someone at home around the clock. We have a dog as well, she is an Australian Shepard mix with a very nasty temper--if anyone or anything walks in sight she will bare her teeth and snarl and bark and lunge, so if anyone does come on our property (standard "city" lot) she will alert us. Because my dad's gone at night and my mom is getting older, I need to protect her if/when something happens. What are the "Castle Laws" (whether or not you are absolved of murder/manslaughter if you shoot an intruder in your home) in Michigan? If the dog barks or snarls I wake up instantly (she's VERY loud), and I have absolutely no problem shooting anyone who comes into my house bearing a weapon or trespassing on my property in a dangerous/criminal manner. If I can see that they have a weapon I will shoot to kill, if they do not I will shoot to wound (I honestly don't give a flying f*** if they get hurt). What are the laws regarding this? In case something does happen I don't want to go to prison for protecting my family. We do have 4 guns in the house (12 gauge shotgun, 2 rifles of different calibers, and a pistol) all locked in the gunsafe with the ammo stored separately, but we are considering possibly changing that so we could get to it quickly in an issue but still have it be stored safely. What are the castle laws in Michigan? I will not hesitate to protect my family and my home.

I have taken gun safety and hunter's safety courses and am trained to shoot a gun with high accuracy and precision. I have won several target shooting competitions with guns and bows/arrows.

Answer 1

Michigan law states:

(1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling.

(2) As used in this section, "dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.

The wording of the law mans that the "Castle Law" applies against an intruder within an enclosed building (such as a house or attached garage) or within the curtilage (an enclosed part of the property).

If you shoot an intruder once they are inside your house or inside a fenced in area of your yard, you are likely to be protected under Michigan's Castle Law. If they are on your property, but have not crossed a barrier such as a fence, the Castle Law may not apply and you will have to argue self defense. If you thought a person was armed and they were not, it will be more difficult to support the argument of self defense.