If you or someone else is in immediate danger, California law allows you to act in self defense. In other words, you can take the steps necessary to maintain your safety.
This can include actions like:
- Fighting back if you are “jumped”
- Using physical force to protect someone else who is in danger
- Killing someone who is endangering your life
That said, there are nuances to California’s self defense laws that you should know about. In any self defense case, you can only use the amount of force that is reasonably necessary to defend yourself.
Call Today – 805-275-5611
- How do courts and juries consider self defense cases?
- Examples of self defense cases
- How to get help in self defense cases
How do courts and juries consider self defense cases?
How does a court decide if you legally acted in self defense? They will ask the judge or jury to examine the facts of the case and look for three things:
- You reasonably believed that you or someone else was in imminent danger of suffering bodily injury.
- You reasonably believed that the immediate use of force was necessary to defend against that danger.
- You used no more force than was necessary to defend against that danger.
California is both a “Stand Your Ground” and “Castle Doctrine” state.
“Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.
“Castle Doctrine” is similar, and it states that you have no obligation to retreat if an intruder comes into your home. In fact, under California Penal Code 198.5 PC, a home intruder is always treated as a situation of “reasonable fear of imminent harm.”
Anytime a court considers a self defense argument, the judge or jury will have to consider all of the evidence in the case and decide whether or not an average person would think that the three elements above are true. They do not consider whether or not you retreated.
Examples of self defense cases
Let’s look at a few examples of self defense to explore this further:
Example 1: Kristen is walking home alone late at night after a concert. A stranger emerges and approaches her. Kristen acts quickly, maces the stranger and flees.
A jury might find that Kristen legally acted in self defense, because the circ*mstances around the situation implied that she was in danger of mugging or assault, and she used only the amount of force necessary to reach safety.
Example 2: Let’s say Kristen is still at the concert, where she is surrounded by hundreds of people. A stranger approaches her, and she maces him.
Here, Kristen’s self defense claim might not be valid. In the concert environment, it’s less likely that the stranger approached her to mug or assault her, so it’s unlikely that she was facing imminent danger.
Example 3: Chris is at home. He hears a loud commotion outside, where a gang of young men are smashing the windows on his car with bats and are yelling for him to come outside. Chris steps onto his porch and fires his gun at one of the men, who later dies from his wound.
Courts have previously found that Chris’s use of force here might be justified. The men who had stepped onto his property clearly had a destructive intent, and they had stated their focus to turn it onto Chris himself. Chris was under no duty to retreat, and depending on other facts of the case, could have been acting in what he felt was the most reasonable manner to defend himself.
How to get help in self defense cases
As we’ve seen above, self defense comes down to the evidence at hand and the facts of the case. If you or someone you love has become involved in a self defense case, it is important to speak with a criminal defense attorney who can review the details of your case advise you of your rights and the options available to you.
This can be a nervous and anxious time. Normally law abiding people can find themselves dealing with the criminal justice system for the first time, all for doing what they had to do to keep themselves or someone else safe.
Know that the law is on your side. You are allowed to defend yourself. If you would like a free and confidential review of your case, attorney Robert M. Helfend is available to discuss your options. He has practiced in the Ventura area since 1984 and is rated by SuperLawyers, the National Trial Lawyers Top 100 and Lead Counsel. Call today — 805-273-5611
How do courts and juries consider self defense cases?
California is both a “Stand Your Ground” and “Castle Doctrine” state.
“Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.
“Castle Doctrine” is similar, and it states that you have no obligation to retreat if an intruder comes into your home. In fact, under California Penal Code 198.5 PC, a home intruder is always treated as a situation of “reasonable fear of imminent harm.”
FAQs
In California, the law recognizes that a person may use reasonable force to defend themselves or others if they believe that they are in immediate danger of suffering bodily harm or death. The force used must be necessary and proportionate to the threat faced.
What is the criminal code for self-defense in California? ›
California Penal Code 198.5 PC explains that a person will be presumed to have a reasonable fear of imminent harm when someone unlawfully breaks into their home. If the person, while in their own home, uses deadly force to protect themselves and their family, it can be justified as self-defense.
What must the defendant prove to successfully claim self-defense? ›
The basic framework of self-defense is consistent across most jurisdictions: a defendant who uses force and claims self-defense must show that a) a reasonable belief that b) there existed an imminent threat c) of great bodily harm to the defendant and d) the force used was necessary to avert the threat.
What four elements must be proven in self-defense? ›
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
What is the burden of proof in self-defense in California? ›
In California, you do not have to prove you acted in self-defense. Once you claim that you did, the prosecution has the burden to prove beyond a reasonable doubt that you did not.
In what circ*mstances can self-defense be justified in California? ›
The force you use must match the level of threatened danger. The danger does not need to have been real as long as your belief was reasonable. You can use deadly force only if you reasonably fear great bodily injury or death. California is a stand-your-ground state, so there is no duty to retreat from a fight.
What are three things you must have for a proper claim of self-defense? ›
First, with exceptions, the defendant must prove that he or she was confronted with an unprovoked attack. Second, the defendant must prove that the threat of injury or death was imminent. Third, the defendant must prove that the degree of force used in self-defense was objectively reasonable under the circ*mstances.
What must be present to substantiate a successful claim of self-defense? ›
Schumacher, 70 M.J. 387 (to present a valid claim for self-defense to assault with a dangerous weapon or means likely to produce death or grievous bodily harm, the evidence must show that the accused (1) apprehended, on reasonable grounds, that bodily harm was about to be inflicted wrongfully on him, and (2) in order ...
What must be proven to support a claim of self-defense? ›
To establish that you acted in self-defense of another person, you must prove you had a reasonable belief that force was necessary to protect another person from an imminent threat of danger. The degree of force used to protect another person must be proportionate to the threat of danger posed at that moment.
What are the 5 A's of self-defense? ›
Use the 5 A's of self-defense to help them develop good safety habits: Awareness, Alertness, Avoidance, Anticipation, and Action.
With those points in mind, today's firearms focus will be on Use of Force Self-Defense law; there are five elements required to prove a legal use-of-force, self-defense standing, Avoidance, Innocence, Imminence, Proportionality, and Reasonableness.
What is imperfect self-defense in California? ›
Simply put, imperfect self-defense is a legal concept that arises in California Penal Code 187 PC murder cases. It applies when the perpetrator kills someone based on an honest but unreasonable belief in the need to use deadly force in self-defense or defense of others.
What is the criminal burden of proof in California? ›
Beyond a reasonable doubt is the standard of proof in criminal cases. The burden is the highest evidentiary standard used in the legal process. Under the criminal laws of every state, prosecutors must prove that a defendant committed a crime, beyond a reasonable doubt, to show the defendant's guilt.
What is the necessity defense in California? ›
California Legal Defenses: Necessity
Under the Legal Defense of Necessity, a person may be not guilty of a criminal offense if it can be shown that the only reason they committed the crime was because it was necessary and there were no other options available to prevent a greater harm.
What is the criminal code 242 in California? ›
California Penal Code [CPC] §242 – Simple Battery – California Penal Code Section 242 makes it illegal to use willful and unlawful force on another person. Conviction under CPC §242 permits up to six months in a county jail and/or a fine of up to $2,000. What Does California Penal Code §242 [Simple Battery] Prohibit?
What is the offense code 323 in California? ›
Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a ...
What is California criminal Code 459? ›
Under California Penal Code Section 459, burglary is the act of entering a structure (residential, commercial, or any other type of property) with the intent to commit grand larceny, petit larceny, or any other felony.
What is the California duty to defend law? ›
Under California law, the insurer has a duty to immediately defend a potentially covered lawsuit. In a mixed action, where only some claims in the lawsuit are potentially covered and others are not covered, the insurance company is still obligated to defend the entire lawsuit.
