Michigan Tag

This Case of the Week focuses on a real-world example of the application of the self-defense law doctrine of “regaining innocence.” One of the five elements of a claim of self-defense justification for a use-of-force against another person is the element of innocence, which denies the justification of self-defense to a person who was the initial aggressor in a fight. “Initial aggressor” generally means the person who was the first to threaten or use unlawful physical force against another. So that’s that, right? The initial aggressor loses the legal justification of self-defense? Not so fast! As the late-night TV infomercials say, “Wait! There’s more!”