Stand Your Ground Law in California
Under California's self-defense laws, you typically have the right to “stand your ground” and defend yourself and others without retreating. Simply put, you act in lawful self-defense or defense of others if you reasonably believe that you or someone else are in imminent danger of harm.
At the same time, you reasonably believe that the immediate use of force is necessary to defend against that danger, and you use no more force than is reasonably necessary to defend against that danger.
Notably, the reasonable fear of imminent harm must be immediate and present. You can only use the force that a reasonable person would believe is necessary in the same situation. Self-defense laws contain many subjective terms that are open to interpretation.
To determine whether your beliefs are reasonable, all of the circumstances known to you are compared to what a reasonable person in a similar situation with similar knowledge would have believed.
Simply put, under California law, you can defend yourself or others in public with proportional force if you reasonably fear imminent bodily harm, known as “stand your ground.”
Similarly, you can use deadly force (justifiable homicide) to defend your home from intruders, known as the “castle doctrine,” defined under Penal Code 198.5 PC
Suppose you acted in self-defense against an attacker but are now facing possible criminal charges. In that case, you might be able to claim California's "stand your ground" law as a valid defense strategy.
In other words, under the law, you have the legal right to defend yourself against imminent threats of harm without retreating, sometimes with lethal force. However, the law has many nuances that prevent unnecessary violence.
What Does "Stand Your Ground" Mean?
In the simplest terms, California's self-defense laws say you have the legal right to “stand your ground” to defend yourself or others without retreating. “Self-defense” is defined as acting in lawful defense under the following circumstances:
- You reasonably believe that you, or someone else, are in imminent danger of being harmed and
- You reasonably believe the immediate use of force is necessary to defend against the danger and
- You do not use more force than is reasonably required.
A reasonable fear of imminent harm must be immediate and present, and you are only allowed to use the amount of force that a reasonable person would believe is necessary in the same scenario.
The totality of circumstances will be examined to determine whether your fear or belief was reasonable. They are typically compared to what a reasonable person in a similar situation with the same knowledge would have believed.
Stand Your Ground – Quick Facts
- Stand your ground is a legal principle that allows people to protect themselves by using reasonable force, including deadly force.
- California's stand-your-ground legal framework is interpreted through case law and statutory provisions related to self-defense.
- California Jury Instructions (CALJIC No. 5.50) say if a person reasonably believes they are in imminent danger of being killed or suffering great bodily injury, they may act in self-defense without retreating.
- You can defend yourself or others with proportional force if you reasonably fear imminent bodily harm.
- You can use lethal force to protect your home from intruders, called “justifiable homicide,” an affirmative defense to murder, voluntary manslaughter, or other violent crime charges.
- There is no legal duty to retreat if you reasonably believe force is necessary to prevent imminent death, bodily harm, or a violent crime.
- The rationale behind this law is to give people the right to defend themselves when faced with the immediate danger of being killed or sustaining a great bodily injury.
- An “imminent danger” is a situation that demands immediate action, such as someone pointing a weapon at you.
Can You Use Force to Defend Property of Evict a Trespasser?
You can use reasonable force to protect your property from imminent harm and to protect the property of a family member or guest. “Reasonable force” is the amount of force a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.
Sometimes, the use of deadly force in protecting property is allowed, such as defending your home against someone who intends to commit a violent felony or attempting to enter to commit violence on somebody.
Suppose a trespasser refuses to leave after you ask them, and they appear to threaten your property or the people inside. In that case, you can use reasonable force to make them leave. Consider the following:
- Reasonable force is the amount of force a reasonable person in the same situation would believe is necessary to make a trespasser leave.
- If the trespasser resists, you can increase the amount of force in proportion to the force used by the trespasser and the threat level they pose to the property.
What Are the Requirements to Use a Self-Defense Argument?
Several factors must be met to use a stand-your-ground defense in California, such as the following:
- The threat of harm must be immediate and present. The use of force is only justifiable if you believe that immediate danger of bodily harm or death is imminent.
- Your belief that force is necessary must be reasonable, meaning a reasonable person in the same situation would have perceived the threat similarly.
- The force used in self-defense must be proportional to the threat.
- Deadly force can only be justified if the threat involves a risk of death or serious bodily injury.
How Is Stand Your Ground Different from the Castle Doctrine?
Stand your ground is typically defined by case law, while the "Castle Doctrine" is codified in California Penal Code 198.5 PC, which says,
“Any person using force intended or likely to cause death or great bodily injury within their residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As this section uses, great bodily injury means a significant or substantial physical injury.”
Thus, the main differences between Stand Your Ground and the Castle Doctrine are as follows:
- The Castle Doctrine applies explicitly to someone's home, allowing people to use force, even deadly force, against an intruder without the obligation to retreat. It presumes an imminent threat of harm or death and so allows the use of lethal force against an intruder.
- The "Stand Your Ground" principles apply to any location where someone is there legally and reasonably believes there is an imminent threat of harm. It only permits deadly force proportionate to the imminent threat of death.
What Are the Limitations?
As discussed above, California's laws protect people who act in self-defense, but there are significant limitations to using this defense. Stand your ground does not apply in the following situations:
- You provoked the attack.
- You were involved in illegal activity.
- You had no legal right to be at the location where you were attacked, such as trespassing on someone's property and being confronted by the owner.
Notably, the interpretation of what constitutes a "reasonable belief" of imminent danger is often ambiguous, and where prosecutors focus their attention. Sometimes, they will attempt to claim that your belief in imminent danger was unreasonable.
Claiming self-defense under the stand-your-ground law is often complex. It will require a close examination of the facts, and your lawyer must be able to present a
compelling argument that the use of force was necessary and proportional.
Contact our California criminal defense lawyers for more information. Cron, Israels & Stark is based in Los Angeles, CA.
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