blog home Criminal Defense Self-Defense in California: When Is It Legal?By Los Angeles Criminal Defense Attorney on August 11, 2020
We all feel a little worried when walking down the street alone at night. What if someone tries to rob us? What if a madman with a gun pops out from around the corner? What if we see someone being assaulted across the street? What do we do then? Well, in California, self-defense is an option. But when does self-defense go a step too far?
Defense vs Assault
Self-defense is legal in California, so long as the act of defending yourself was “reasonable under the circ*mstances.” What that means is, the way you defended yourself was not considered to be an overstep. For example, if someone tried to grab your bag from off your shoulder, misting them with the pepper spray would likely be considered reasonable. If you, however, carry a concealed firearm and used it to injury or kill the would-be thief, that would be going too far.
Defending Yourself Legally
In order for your act of self-defense to be legal, it must be considered reasonable under the circ*mstances. That means that there was:
- Immediate danger of you being killed, injured, sexually touched, or robbed
- Immediate danger of someone near you being killed, injured, sexually touched, or robbed
- This danger had to be resisted with force
- The force used was only what was necessary to defend yourself or the other person
There are some states where force can only be legally used if it is the last possible resort. First, you have the legal duty to retreat, if possible. However, California is actually a “stand your ground” state. This means that you do not have the legal duty to retreat from your attacker before using force to defend yourself. If there is an immediate threat to your life, you may act in whatever way is required to protect yourself or another person.
However, once your attacker is no longer a threat, for example, if a blow has knocked them out or otherwise subdued them, then you are no longer allowed to use force. After that point, your life, or the life of the person you are protecting, is no longer in danger. If you continue to attack, then you may be charged with assault or even battery.
When You are Charged with Assault
Self-defense is often used as a defense against charges of assault or similar violent offenses. If someone was going to harm you, it stands to reason that you should fight back in order to keep yourself as safe as possible. However, this can turn into a “he said, she said” situation, where your attacker may claim that you fought them unprovoked. This is commonly seen in situations of domestic violence. In such instances, your case may be decided based on verifiable evidence, injuries, any stolen property they may have taken, or statements from witnesses. Character witnesses, or people who can attest to how passive or violent you and your attacker were, may also be implemented to strengthen your defense.
A good defense, however, will rely on the legal team you hire to fight against your charges. While you do have the right to a public defender, they are often overworked and will probably be unable to give you much of their time or attention. In order to get the best possible outcome in your case, you need an experienced Los Angeles violent crimes defense attorney by your side, fighting against the prosecution. We at Werksman Jackson & Quinn LLP are experts in what we do. We know the court system inside and out and understand what makes a good defense. If you want a top-notch attorney on your side, call us at (213) 688-0460.
FAQs
Also, you can use deadly force only if you reasonably fear great bodily injury or death. California is a stand-your-ground state, meaning there is no legal duty to retreat from a fight. California's Castle Doctrine allows you to use deadly force against an intruder who breaks into your home.
How can you legally defend yourself in California? ›
What Are the Legal Requirements for Self-Defense in California?
- Immediate Threat: The threat of harm must be immediate and present. ...
- Reasonable Belief: The belief that force is necessary must be reasonable. ...
- Proportionality: The force used in self-defense must be proportional to the threat.
California is both a “Stand Your Ground” and “Castle Doctrine” state. “Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.
Do all states have self-defense laws? ›
Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity ...
Can you go to jail for self-defense in California? ›
While you can use reasonable force, including deadly force, if necessary, to protect yourself or others from imminent harm, it is not an absolute defense, and you can still be arrested and charged with a crime. The use of force must be proportionate and reasonable in the given circ*mstances.
Are you allowed to open carry in California? ›
It is generally illegal in California to carry firearms in public, regardless of whether they are loaded or unloaded, openly carried or concealed. That said, there is an exception that allows counties with populations of less than 200,000 to issue licenses to people to open-carry loaded handguns (not long guns).
Can you pepper spray someone in self-defense in California? ›
California's Rules Regarding the Use of Pepper Spray
You're not allowed to spray pepper spray directly into every person who made a pass at you. The only time you're allowed to legally use the pepper spray is when you feel a need to defend yourself.
What is unreasonable self-defense? ›
Simply put, imperfect self-defense is a legal concept that arises in California Penal Code 187 PC murder cases. It applies when the perpetrator kills someone based on an honest but unreasonable belief in the need to use deadly force in self-defense or defense of others.
In what circ*mstances can self-defense be justified? ›
When Can I Act in Self Defense? In California, you have the right to act in self-defense when you have a reasonable belief that you are in danger. The use of force may be justified when you have a reasonable belief that you are about to be physically harmed in some way.
What self-defense items are legal in California? ›
Five legal self-defense weapons in California are:
- pepper spray,
- stun guns or tasers,
- certain knives (such as a pocketknife or non-switchblade folding knife),
- personal alarms, and.
- certain guns (such as handguns or shotguns).
Can I use force to defend personal property in California? Yes, you may use reasonable force to protect your property from imminent harm. You may also use reasonable force to protect the property of a family member or guest from immediate harm.
What are the self-defense laws in California 2024? ›
California does not require people to run away, retreat, or hide should they find themself being attacked. The law allows people to stand their ground – to defend themselves – against an attacker. This means that a person can defend themself in a manner proportional to the force applied by the assailant.
What self-defense weapons are legal in all 50 states? ›
Pepper spray is a popular and effective non-lethal self-defense tool. It incapacitates an attacker temporarily by causing intense irritation to the eyes and skin. Here's the legal status across the states: Legal in all 50 states: Pepper spray is generally legal for self-defense in all 50 states.
Is self-defense a constitutional right? ›
In the 2008 case District of Columbia v. Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
Is self-defense natural law? ›
Grotius explains self- defense as an extremely strong Natural Law permission, overridden by the natural obligation of benevolence only where non-aggressors (e.g., by-standers) will be killed by self-defensive action, and by Gospel law in the case of killing to avoid minor harms.
Can you shoot on private property in California? ›
Maybe — While there is no specific prohibition in California state law of shooting a firearm on private property, there ARE such prohibitions in many municipal and county ordinances. If your property is within the city limits of some municipality, check the laws of that municipality.
What is the burglary law in California? ›
First-degree or “residential” burglary is a felony, and the penalty is two, four, or six years' imprisonment. It is a “strike” under California's three-strike rule. Residential burglary includes the entry of an inhabited house, boat, hotel room, trailer coach, or other dwelling.
Are burglar bars legal in California? ›
(e) No person shall install unopenable burglar bars on a residential dwelling (1) where the California Building Standards Code requires openable burglar bars for emergency escape or rescue, or (2) on mobilehomes, manufactured homes, or multiunit manufactured housing unless at least one window or door to the exterior in ...
Is threatening to shoot someone a crime in California? ›
California Penal Code 422 is the statute that makes it a crime to communicate a threat to somebody that could result in great bodily injury or death, which is known as “criminal threats.”
