Legal Question in Criminal Law in Michigan

if a person unlawfully enters your house or trespasses and does not leave after being asked multiple times, do I have the right to use force or can I be charged with assault and battery


Asked on 7/16/14, 3:07 pm

1 Answer from Attorneys

Jared Austin Austin Legal Services, PLC

Unless they are posing some physical threat to you, I don't believe you would be entitkes to use excessive physical force in removing them. If all they are doing is standing there nd refusing to leave, you can call the police. Unless you want to risk being criminally charged or sued, I would suggest avoiding using physical force unless they are using or attempting to use physical forceaagainst you. It is always best to call the police and wait if that is possible.

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Answered on 7/16/14, 3:19 pm


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