Under self-defense laws in California, you can use sufficient force to stop an aggression if you have a reasonable argument that someone may attack you, another person, or your property.
What is Self-defense Law in California?
In California, self-defense is the use of reasonable force to protect oneself, another person, or one’s property from immediate harm. This protection is defined in sections 197, 198.5, and 692–694 of the California Penal Code. Fundamentally, self-defense is taking action when you honestly feel that you or another person are in immediate danger and that using force is required to stop the harm.
Proving Self-Defense and Justifiable Use of Force
You are not required to prove self-defense. Instead, when you tell the court that you acted in self-defense, the prosecution must show beyond a reasonable doubt that you did not.
In California, the minimal force required to prevent immediate damage is justifiable. You must reasonably believe that you or another person is in imminent danger to be able to defend yourself in court. This indicates that an ordinary person would think an urgent threat needed to be addressed, given what they understood at the time. For example, it might be permissible to respond to a punch threat with non-lethal force. However, it would not be acceptable to use extreme force, such as a firearm, in that circumstance.
Can You Use Deadly Force?
In California, it is allowed to use lethal force in specific circumstances. If you think that you or someone else is in immediate danger of dying or suffering severe injuries, you are legally allowed to use deadly force, which has the potential to inflict death or serious injury.
When is Deadly Force Legally Justified?
The California Criminal Jury Instructions (CALCRIM) 3470 (talks about self-defense) and 505 (talks about justified homicide in self-defense) offer comprehensive rules on whether deadly force can be legally justified. You can use deadly force if:
- Imminent Threat: You have a good reason to think that you or another person could be killed or in serious danger.
- Proportional Reaction: The amount of force must be the same with the danger.
- Necessity: Deadly force must be used immediately to neutralize the threat.
Defense of Yourself and Others
You can use reasonable force to protect yourself or another person from harm in the face of an imminent danger. The amount of force and the imminent danger must commensurate each other. People v. Humphrey is a well-known case where the court acknowledged that an individual’s experiences and circumstances can impact their belief in the necessity of defending themselves. When determining whether the defendant’s acts were reasonable, the court takes the defendant’s circumstances and point of view.
Defense of Property
Although there are more stringent restrictions, California law also covers property defense. You have the right to use reasonable force to prevent your property from being stolen or damaged illegally. However, it is usually not acceptable to use lethal force solely to defend property.
Stand Your Ground Principle
When a threat is immediate, California law permits people to defend themselves without running away. Although California lacks an explicit statute that codifies the Stand Your Ground principle, it is acknowledged in case law and jury instructions, unlike several other states. The following are when you can use a reasonable force:
- You are legally allowed to be in your current location.
- You logically think that to protect others, force must be used.
- The amount of force is the same as the danger.
- You do not have to flee if you are assaulted in your home or in a public setting before defending yourself with force.
Contact Your Criminal Defense Lawyer
Self-defense laws in California might be difficult to understand, particularly if you are charged with a crime. Consult the service of a criminal defense attorney if you are charged with a crime. A skilled lawyer can guarantee that your case is persuasively presented and your rights are upheld.
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