Important Things to Know About California’s Self-Defense Laws

The self-defense laws in California allow individuals to use force to defend themselves when they believe they are in imminent danger. However, there are strict legal standards used to determine if the use of force is justified. If authorities believe you used excessive force, you may still face criminal charges. Below, our San Diego criminal defense lawyer outlines the law on self-defense in California and important things you need to know.

Important Elements of the Self-Defense Laws in California

Individuals in California can use self-defense if they had reason to believe there was an imminent threat of serious bodily injury or death. The force used to defend yourself must match the level of danger. The threat must also be present, not distant or speculative. The courts will consider whether a reasonable person would have held the same reasonable belief and acted in the same way.

There are two important elements of self-defense the courts in California will consider. These are as follows:

• Immediate threat: State law requires the threat of harm to be imminent, which means the threat must be present. It cannot be a future concern or a past grievance. The courts believe that only imminent harm requires an immediate response. The prosecution will first question whether the threat was immediate.
• Reasonable use of force: The second important element of self-defense is that the use of force must be reasonable. If the threat involves bodily injury but does not rise to the level of great bodily injury or death, non-deadly force can be used. Using more force than necessary is considered excessive force and this can weaken a claim of self-defense.

When is Deadly Force Allowed in California?

Under California’s self-defense laws, deadly force is only allowed under certain circumstances. The law will evaluate the use of deadly force, and whether it was justified, on a case-by-case basis.

Individuals may use deadly force if they have reason to believe they face an immediate threat of serious bodily injury or death. Situations include a violent assault, an attack with a deadly weapon, or forced entry into a home. The threat must be real and serious enough that a reasonable person would have believed that serious bodily injury or death was possible.

Even when using deadly force, the courts will still consider whether the use of force was excessive. If someone continued to use deadly force after the threat had passed, this could also weaken their case and they may face criminal charges.

California’s Castle Doctrine 

The castle doctrine in California allows people to defend themselves in their own home when someone illegally and forcibly enters the residence. In these cases, individuals do not have to prove that there was an imminent threat of serious bodily injury or death because the courts already presume it. The castle doctrine only applies to a person’s home or property.

Our Criminal Defense Lawyer in San Diego Can Advise On Your Case

If you are facing charges after simply defending yourself, our San Diego criminal defense lawyer at Anthony Z. Vargas, Esq. can advise on your case. Call us now at 858-258-4595 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=198.5.&lawCode=PEN