Does California Have a Stand Your Ground Law?

California’s self defense law is a version of a stand your ground law.

Does California Have a Stand Your Ground Law?

Across the country, but particularly in Florida, “stand your ground” laws have received a lot of media attention due to a series of high profile incidents in which a person has killed someone else, and then claimed self-defense. In some situations, such as the highly controversial case where George Zimmerman killed Trayvon Martin, the defendant was acquitted of the crime of murder using “stand your ground” as a defense. This brings up an important question: does California have a stand your ground law?

While California does not have a specific law that is referred to as “stand your ground,” as is the case in other states, its self-defense law is a type of “stand your ground” law. According to a criminal defense lawyer Rancho Cucamonga, CA, under California law, you are permitted to use reasonable force to defend yourself — even if you also have the option of escaping the threat, such as by running away. The law even permits Californians to pursue their attackers until the danger has passed. This brings up an important point: a person can only claim self-defense as long as the threat is present. As soon as the threat is gone, there is no right to self-defense.

However, California law on self-defense is not as broad as many other states’ “stand your ground” laws. To claim self-defense, at the time that you committed the crime to protect yourself:

You must have reasonably believed that you were in danger of being killed, seriously injured, or unlawfully touched;
You must have reasonably believed that immediate force was necessary to prevent that danger; and
You must have used no more force than necessary to defend against that danger.

In other words, you must be under immediate threat of serious harm such that you need to use force to protect yourself — and that use of force must be proportionate to the threat.

Importantly, if the evidence could support a self-defense claim, then the prosecutor must prove beyond a reasonable doubt that self-defense does not apply. This includes cases where a person is claiming a “stand your ground” type defense.

In cases where you used self-defense to protect yourself from danger, it is critical to have a highly skilled criminal defense lawyer Rancho Cucamonga, CA to represent you. Self-defense laws are complicated, and require the assistance of an attorney who understands how they apply, and how to best investigate the facts and apply the law to your case to put together the strongest possible argument.

Attorney Dan E. Chambers is a former prosecutor who puts his experience to work for his clients. He founded the Chambers Law Firm to help people who have been charged with a crime seek justice. Contact his office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense lawyer Rancho Cucamonga, CA.

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