California’s Castle Doctrine allows you to use self defense in certain situations.
The “stand your ground” doctrine has received a fair amount of attention in recent years, due to high profile cases in the news media and political battles over whether homeowners and others should be permitted to use deadly force to defend themselves against perceived threats.
“Stand your ground” is a term used to describe a specific type of self defense law, where a person is not required to retreat from a perceived threat before using deadly force. In California, stand your ground is not the law. Instead, California law is based on the “castle doctrine,” and the use of self defense is different based on whether a person is inside or outside of their home. An experienced Riverside criminal defense lawyer can help you understand the difference between the two doctrines and assist you if you have been charged with a crime when you were acting in self defense.
In California, the law regarding self defense is based on whether you had the right to protect yourself using deadly force — regardless of the type of weapon used (gun, baseball bat, hands, knife, or any other weapon). There are two categories of self defense under California law: inside your own home and outside of your home.
If you are inside of your own home, you are allowed to use deadly force if you have a reasonable fear of imminent peril or great bodily harm, and:
You knew or had reason to believe that the intruder entered your home unlawfully;
The intruder was acting unlawfully (i.e., was not someone doing their job, such as a police officer or an EMT);
There was a reasonable fear of death or injury to you or another occupant of the home; and
You or any other occupant of the home did not provoke the intruder.
Under these circumstances, you are permitted to use deadly force. Note that you are not required to retreat in your own home — you can use deadly force, but only if all of the above conditions are met.
However, outside of your home, self defense is treated a bit differently. This is known as justifiable homicide. You are permitted to defend yourself with deadly force outside of your own home in California, and may be found not guilty as a result, if the following conditions are met:
You had a reasonable fear of being injured or killed;
You had the reasonable belief that you needed to use force to protect yourself from being injured or killed; and
You used no amount of force above that which was needed to stop the imminent threat.
Importantly, when you are outside of your home, you can only use the amount of force necessary to stop the threat. You cannot use deadly force if it is not necessary to stop the threat if you are not inside of your own home.
If you have been charged with assault, homicide or any other crime related to defending yourself or your family, a skilled Riverside criminal defense lawyer can help make sure that you are protected from unjust prosecution. At the Chambers Law Firm, our attorneys are knowledgable about the criminal justice system and will aggressively defend you to get the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you.
