California's self-defense laws allow you to protect yourself in certain situations. By law, you can't be guilty of a violent crime that you may have committed in order to protect yourself as long as the conduct was “reasonable under the circumstances.”
This primary factor, the self-defense argument, is a crucial element often vigorously debated by defense attorneys in all California criminal courthouses. It's the legal defense used for clients who have been accused of a crime, providing a powerful tool in the legal process.
Using a self-defense argument means you had a reasonable belief you were in imminent danger of being injured or killed and believed force was necessary to prevent harm. You didn't use any more force than necessary.
For example, in domestic violence cases and other crimes, such as brandishing a weapon, there is often a debate about using self-defense in order to justify behavior in a specific situation. When police officers arrive at the scene of an alleged crime, they don't normally consider whether it could be a case of self-defense.
While they might note a potential self-defense action in their report, they will defer any decisions to the District Attorney's Office, which will make the final decision after reviewing the evidence and considering the circumstances of the case.
For example, a scenario of a potential self-defense argument includes a situation where somebody is walking through a park. It is suddenly confronted by a man who is holding a knife and demanding money. Another example could be a case of domestic violence where the victim uses force to defend themselves from an abusive partner.
The victim pulls a gun from their waistband and shoots the man, who dies later at the hospital. In this scenario, the victim who shot and killed the robber would probably not face prosecution for Penal Code 187 murder because they were acting in self-defense of imminent danger.
If you find yourself in a situation facing a reasonable threat of being injured or killed, it's important to know that you are not legally required to attempt a retreat from the scene. Instead, you have the legal right to defend yourself or another person, providing a sense of security and protection.
To give readers a better understanding of the self-defense laws, our defense lawyers are providing an overview below.
The Castle Doctrine
California is not a stand-your-ground state, but it does recognize the “castle doctrine,” which can apply to your home or business. This means you can use deadly force to protect property and that there is no legal duty to retreat.
It should be noted this right ends once the person is no longer on your property, and that any force used has to be proportionate to the harm reasonably feared.
California Penal Code 198.5 states you are allowed to use deadly force within your own home if you have a reasonable fear of imminent danger or great bodily injury.
CALCRIM 505 Jury Instructions provides an outline of what a defendant has to establish in order to make a successful argument of self-defense.
If someone unlawfully forces their way into your home, then the following factors have to occur for your conduct to be considered justifiable use of deadly force:
- A reasonable belief somebody unlawfully entered your home
- The intruder was acting unlawfully and not provoked
- A reasonable fear of injury or death to yourself or family
Clearly, many situations of self-defense can happen outside your home. Under California law, you have the right to use deadly force in self-defense, which is commonly called “justifiable homicide.”
Justifiable homicide, defending against harm to a person within the home or on the property, is described under CALCRIM 506 Jury Instructions. It states that jurors are told to find someone innocent of homicide charges if they acted “reasonably” under the circumstances:
- Defendant had a reasonable belief of being injured or killed, and
- A belief force was necessary to prevent it
- Defendant didn't use more force than necessary
Again, you are not required to flee the scene if you are faced with a reasonable threat of being injured or killed.
A self-defense argument is often used in a wide range of California crimes, such as murder, attempted murder, assault with a deadly weapon, and aggravated assault. However, it's crucial to note that in order to use a self-defense argument, it must be proven you were in imminent danger.
In other words, it must be shown you were about to be injured, killed, or raped, meaning it was immediately.
Imminent Danger
A self-defense argument can't be valid unless you reasonably believe there is imminent danger. This means the danger was an immediate or present threat. The danger has to exist right now.
Reasonable Belief a Threat Exists
A self-defense argument also includes that you must reasonably believe a threat exists, but your belief doesn't have to be correct, reasonable, and honest. A jury will consider all relevant circumstances.
Justifiable Force
A successful self-defense argument means you were usually only permitted to use the level of force necessary to prevent the perceived threat of harm and only used enough force to defend yourself.
Self-Defense of Others
You also have the legal right to protect others. Still, you must be able to prove they were an imminent danger, and you only used reasonable force necessary to prevent harm, only an amount of force necessary to prevent harm.
Common California Self-Defense Crimes
There are a variety of California crimes when our criminal defense attorneys will closely examine whether we could argue a self-defense claim, including:
- Penal Code Section 211 – Robbery
- Penal Code Section 240 – Assault
- Penal Code 242 – Battery
- Penal Code 187 – Murder
- Penal Code 192(a) – Voluntary Manslaughter
- Penal Code 245(a)(1) – Assault with a Deadly Weapon
- Penal Code 261 – Rape
- Penal Code 459 – Burglary
- Penal Code 273.5 – Corporal Injury to Spouse
- Penal Code 243(e)(1) – Domestic Battery
- Penal Code 148 – Resisting Arrest
If you were charged with a crime where a self-defense argument is a reasonable challenge, our Los Angeles criminal defense attorneys can help you.
First, we need to examine all the details and circumstances closely to determine whether we might be able to successfully use self-defense against the charges. Cron, Israels & Stark is a criminal defense law firm with a record of success. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
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