What Is “Imperfect Self-Defense,” and When Can It Help My Case?
As far as legal defenses go, the situations where you can argue imperfect self-defense are extremely limited: it will only apply if you are facing murder charges. On top of that, even if your defense team successfully argues that you acted in imperfect self-defense, you will not be set free.
Unlike most other defenses, imperfect self-defense does not get you off the hook entirely, but it can get your charges reduced. However, because the difference between punishments for murder and voluntary manslaughter is massive, imperfect self-defense can be a powerful tool.
Situations Where Imperfect Self-Defense Is Available
The California Supreme Court has found that imperfect self-defense arguments are only available in murder cases. This means that if you are not facing murder charges, you cannot argue imperfect self-defense.
To argue that imperfect self-defense applies to your murder case, you must have acted:
- In the belief that you or someone else was in immediate danger of suffering great bodily injury or death;
- With the belief that you needed to use deadly force to prevent the danger to yourself or others actually occurring;
- To actually carry out the use of deadly force; and,
- When at least one of your beliefs was unreasonable.
The unreasonable belief can be whether there was a danger that could result in death or great bodily harm. Or the unreasonable belief can be whether you actually needed to use deadly force to prevent the injury. This is similar to the requirements for self-defense, which can lead to a full acquittal. However, there is a reasonableness requirement to succeed on a claim of complete self-defense.
What Is an Unreasonable Belief?
Claiming that you acted in imperfect self-defense requires an honest but unreasonable belief regarding the danger you faced or how to prevent the threat. California evaluates what is unreasonable through the actions of a reasonable person. The theory asks if a person is reasonable, would they have responded in the same way?
For example, imagine you are walking down the street, and you bump into a stranger. After a short argument, you see the stranger reaching for their jacket. You instantly believe they may be pulling a weapon out of their coat. If you pull your gun and shoot the person, your fear may be considered honest. But it also may be regarded as unreasonable. Other people, acting reasonably, may not have honestly feared for their life. In that case, imperfect self-defense could apply.
Punishment After an Imperfect Self-Defense Argument
In a typical self-defense claim, you would argue that you acted reasonably in defending yourself. Reasonable self-defense is, therefore, “perfect.” It means that a murder charge should be dismissed entirely. Instead, imperfect self-defense argues that even though you were unreasonable, your actions stemmed from an honest belief. Life in prison following a murder conviction would be too severe a punishment for your conduct because you genuinely thought your actions were necessary to defend yourself.
Therefore, imperfect self-defense, if successfully argued, still results in criminal guilt and punishment. You are not totally free from consequences for your actions. Rather, you will face punishment for the lesser crime of voluntary manslaughter. In California, voluntary manslaughter penalties include a sentence of three, six, or eleven years in state prison. A judge will decide the length of a sentence based on your criminal history and the facts of your case. The result of an imperfect self-defense argument is still harsh but much less than if you are convicted of murder.
Do you believe imperfect self-defense applies to you or a loved one’s murder case in Torrance, California? Set a free case consultation with the skilled criminal defense attorneys at Chambers Law Firm by calling 714-760-4088 or emailing dchambers@clfca.com.
