Prove Your Self-Defense Claim Was Reasonable—Before the Prosecution Tears It Apart

Self-defense in aggravated assault cases isn't just about feeling threatened—it's about proving you acted reasonably. With 35+ years defending these cases, I know how to build the evidence that protects your claim.
604f9f21b5a47c388fc08990 5 star reviews
I met Mr. Simon approximately three months ago. I am a legal alien living in the United States, and when I met him, I was extremely scared because of the situation I was in. From the very first day, he approached me with...
Baytuğ Ersözoğlu
12/15/2025
604f9f21b5a47c388fc08990 5 star reviews

These guys do a great job!!!

diesel james
12/15/2020
604f9f21b5a47c388fc08990 5 star reviews
I am extremely grateful for the work my criminal attorney Joseph Simon and his paralegal Victoria You did on my case. From the very beginning, they were professional, responsive, and honest about what to expect and expla...
Ray Wang
02/16/2026
604f9f21b5a47c388fc08990 5 star reviews

I could not be happier with my decision to hire Joe. He was recommended by someone I trust and I never had any doubts about that decision.

Patrick D
05/15/2024
604f9f21b5a47c388fc08990 5 star reviews

My five star rating for Mr. Simon is based on my 25 years on the bench. I consider Joe to be the best criminal defense attorney in Washtenaw County.

Richard Conlin
10/15/2024
604f9f21b5a47c388fc08990 5 star reviews

Just Trust Mr Simon, he will get the job done. Thanks

Tarek Mazloum
11/15/2025
604f9f21b5a47c388fc08990 5 star reviews

everything went exactly or better that i was told it would fantastic attorney!!!

Gilbert Spence
02/15/2024
604f9f21b5a47c388fc08990 5 star reviews

Very communicative & transparent, without joes help I would’ve had a poor outcome the difference is day and night couldn’t be more grateful for him and his team.

E A
08/15/2023

Understanding the Self-Defense Problem in Aggravated Assault Cases

One of the most frustrating situations I see in my practice is when someone facing an aggravated assault charge truly believed they were protecting themselves—or protecting someone else—yet their case still unravels. Why? Because self-defense claims in aggravated assault cases don’t just require you to say you acted in self-defense. They require you to prove you acted reasonably under the circumstances. And that reasonableness standard can be your biggest challenge.

Let me be direct: claiming self-defense is a double-edged sword. On one hand, Michigan law absolutely protects your right to defend yourself or others from imminent harm. On the other hand, once you claim self-defense in an aggravated assault case, you’re admitting that you committed the act—you’re just arguing it was justified. That puts you right in the spotlight, and the prosecution has a very specific roadmap for tearing that claim apart.

What “Reasonable” Actually Means in Court

Here’s where things get tricky. In Michigan, self-defense requires that you used only the amount of force that was objectively reasonable to prevent harm. This isn’t about what you subjectively believed. It’s not about whether you felt threatened. The question is: would a reasonable person, standing in your shoes, have believed that force was necessary and proportionate?

In aggravated assault cases—which involve more serious injuries, weapons, or intent to cause serious bodily harm—courts scrutinize this reasonableness question intensely. If you threw a single punch and your alleged victim ended up with a broken jaw requiring surgery, a jury might question whether the force was truly proportional. If you used a weapon, you’d better have a compelling reason why non-deadly force wouldn’t have stopped the threat.

The prosecution will argue that you escalated unnecessarily, that you continued fighting after the threat passed, or that you used force against someone who was no longer an immediate threat. These arguments can completely dismantle an otherwise sympathetic self-defense story.

Common Mistakes That Sink Self-Defense Claims

Over 35 years of defending aggravated assault cases, I’ve seen patterns emerge. People often harm their own cases by:

Continuing to use force after the threat ended. If you land several blows after your attacker has retreated or is clearly unable to fight back, you’ve lost the self-defense claim. Juries see that as revenge, not defense.

Using a weapon when your hands would have sufficed. In an aggravated assault case, weapon use has to be proportional to the threat. A gun for a fist fight? A knife for a push? That’s extremely difficult to justify as reasonable.

Failing to retreat or de-escalate. Michigan law doesn’t always require retreat, but showing you tried to avoid the confrontation strengthens your claim immensely.

Having a history of violence. Your credibility matters. If your history suggests aggression, juries will be skeptical that you were acting defensively.

Why You Need Experienced Representation

Self-defense claims in aggravated assault cases require meticulous preparation. You need someone who can construct a narrative around reasonableness—one that addresses the prosecution’s evidence head-on while presenting a coherent picture of why your actions were necessary and proportional.

If you’re facing an aggravated assault charge and believe self-defense applies, don’t leave this to chance. At the Law Offices of Joseph A. Simon, PLLC, we’ve successfully defended thousands of cases. We know how to dissect what “reasonable” means in your specific circumstances and how to present that effectively to a jury.

Contact us for a confidential consultation. Your future depends on getting this right.

Table Of Contents

If you or a loved one are facing criminal charges or a police investigation, you can have no better ally than the Law Offices of Joseph A. Simon.

Joseph A Simon Ann Arbor MI Criminal Defense Attorney
With over 500 five-star reviews our office works to earn each one by fighting for the best possible outcomes for our clients. Call and speak with our office today about your criminal matter.