When Can I Argue Self-Defense?

California law recognizes that you have the right to defend yourself, your property, and other persons. Self-defense is a doctrine that functions as a legal defense, arguing that you are not legally liable for a crime. If your argument is accepted, you will be acquitted for any actions you took in self-defense.

Self-Defense in California Requires Imminent Danger of Physical Harm

To argue that you acted in self-defense in California, you must have been defending yourself, your property, or others because of the imminent danger of physical harm. According to California law, “imminent danger of physical harm” is defined as an immediate or present situation, not something that may happen in a future time.

For example, you can defend yourself from a burglar that is in your home or apartment. However, you cannot argue self-defense if you attack a potential burglar who has not yet entered your home, even if they say, “I’m going to break into your house in ten minutes.” Similarly, you can prevent someone from hitting you with a baseball bat if they menacingly come at you with the bat in their hands, but you cannot tackle them to prevent them from grabbing a baseball bat if they have not yet hit or threatened you.

You Must Reasonably Believe There Is a Threat to Argue Self-Defense

There is a reasonableness requirement to the validity of an argument you acted in self-defense. In California, you can reasonably believe a threat existed, even if the threat was not actually real. Whether you reasonably thought there was a threat is determined by:

• Everything you knew about the circumstances surrounding your actions;
• What a different reasonable person would do in similar circumstances; and,
• If you knew the person had been threatening or harmful in the past.

Knowledge of how someone has behaved in the past can be strong support for an argument of self-defense.

Your Actions in Self-Defense Must Not Use More Force Than Required

To successfully argue self-defense in California, you cannot excessively respond to a threat. Rather, you must only use the amount of force reasonably necessary to prevent harm.

For example, you cannot react to someone trying to kick your shin by shooting them with a gun. If the force you used exceeded what was reasonable, your self-defense argument would fail, and you can face legal consequences for your actions.

However, any past history with the other person can factor into whether your response was reasonable. If the person has hurt or threatened you before, more drastic actions may be justified.

Stand Your Ground and the Castle Doctrine in California

In California, you do not have to retreat from potential harm to argue self-defense. You are legally allowed to “stand your ground.” Also, California employs what is known as the “Castle Doctrine,” meaning that if someone breaks into your home, you are presumed to be in imminent fear of harm. The Castle Doctrine also states that using deadly force against an intruder in your home is reasonable and not excessive.

When you are charged with a crime for defending yourself, an experienced California criminal defense lawyer can help present your side of the story and make the most persuasive arguments possible that your actions were justified.

If you have been charged with a crime in Glendale, California, but believe you acted in self-defense, the Chambers Law Firm will vigorously defend you and your rights. Contact us at 714-760-4088 or dchambers@clfca.com to request an initial consultation with a skilled member of our team.