Asserting a Defense
In the days of the Wild West in California there was no question that force could be met with force. Responding with force in the 21st century, however, to protect yourself, a loved one,
or your property could land you in jail.
In a criminal self-defense case, the State of California has the burden of proving the defendant guilty beyond a reasonable doubt. While in most cases the defendant is not required to do anything to prove his or her innocence, affirmative defenses shift the burden of proof to the defendant. Self-defense is not an affirmative defense in California which means the prosecutor must prove you did not act in self-defense in order for you to be found guilty.
Self-Defense in California Law
California law discusses self-defense
in California Penal Code Section 197 which qualifies self-defense as an act committed when:
- You reasonably believed that you were in imminent danger of being killed, injured, or unlawfully touched; AND
- Your reasonably believed that force was necessary to prevent the death, injury or touching; AND
- You used no more force than was necessary to prevent the death, injury, or touching
Self-defense used in your home – during an burglary, for example – is addressed in California Penal Code Section 198.5, also known as the California Castle Law, which creates a presumption that the actions were justified:
Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
“Stand Your Ground” in California
The right to “stand your ground” in California is found in California Criminal Jury Instructions 505 and 506 which state:
- A defendant is not required to retreat
- He or she is entitled to stand his or her ground and defend himself or herself and if reasonably necessary, to pursue an assailant until the danger of death/great bodily injury/forcible and atrocious crime has passed
This right applies even if safety could have been achieved by retreating.
Defining “Reasonable” in Court
In self-defense cases, the jury is instructed to use an objective reasonable person standard. This means the jury should ask, “Would a reasonable person, under the exact same circ*mstances, have believed he/she was in imminent danger and believed that force was necessary?” It is not important what the defendant actually believed. An exception to the objective reasonable person standard is found in domestic abuse cases.
In most cases, both law enforcement and prosecutors err on the side of caution. It is generally easier to dismiss criminal charges down the road than to charge a suspect long after the fact. Always remember, there is a huge difference between being charged and being convicted. Do not talk to police if arrested and/or charged.
For immediate legal help, call San Diego criminal defense attorney Domenic J. Lombardo at (619) 232-5122 to schedule a free and confidential consultation.
FAQs
The Burden of Proof
If you are charged with a crime and claim self-defense, you must prove that your actions were justified. The prosecution must first prove beyond a reasonable doubt that you committed the alleged crime, and then you must present evidence to support your claim of self-defense.
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.
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.
Can you claim self-defense in a bar fight in California? ›
California self-defense laws allow you to use force, up to and including lethal force, to defend yourself or other people. This means that if you have a reasonable belief that someone presents an imminent danger, you may use proportionate force to stop the threat.
What must the defendant prove to successfully claim self-defense? ›
Unlike most other situations in a criminal case, self-defense is an affirmative defense. Raising an affirmative means you, as the defendant, must prove: (a) you were threatened with bodily harm; (b) your fear of harm was reasonable; and (c) you responded with appropriate force.
What must be proven to support a claim of self-defense? ›
First, with exceptions, the defendant must prove that he or she was confronted with an unprovoked attack. Second, the defendant must prove that the threat of injury or death was imminent. Third, the defendant must prove that the degree of force used in self-defense was objectively reasonable under the circ*mstances.
What is the criminal code for self-defense in California? ›
California Penal Code 198.5 PC explains that a person will be presumed to have a reasonable fear of imminent harm when someone unlawfully breaks into their home. If the person, while in their own home, uses deadly force to protect themselves and their family, it can be justified as self-defense.
What right do I have to defend myself? ›
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain ...
Can you pepper spray someone in self-defense in California? ›
Pepper Spray: Pepper spray is allowed in California for self-defense purposes, provided the canister size does not exceed 2.5 ounces of active product. Stun Guns and Tasers: Stun guns and tasers are legal in California, but there are restrictions.
What are qualifying circ*mstances of self-defense? ›
There are six justifying circ*mstances:
- Unlawful aggression.
- Reasonable necessity of the means employed to prevent or repel it.
- Lack of sufficient provocation on the part of the person defending himself.
It follows that the accused's defence firstly amounts to private defence, or more commonly known as self-defence, a defence excluding unlawfulness, where the test is objective, and secondly putative self-defence, which relates to the accused's state of mind and where the test is subjective, in respect of whether the ...
What self Defence tools 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).
If you or someone else is in immediate danger, California law allows you to act in self defense. In other words, you can take the steps necessary to maintain your safety. This can include actions like: Fighting back if you are “jumped”
What does 415 mean in police code? ›
California Penal Code 415 describes the crime of disturbing the peace which covers a broad range of public disruptive behavior – such as loud arguments, loud noises, challenges to fight someone, and even offensive words that might provoke a violent and immediate reaction from another person.
Can you defend yourself in your car in California? ›
If you are in the automobile at the time of the attempted break-in, you could feel that your life is in danger. In this case, the use of deadly force, including shooting the potential carjacker, will likely be viewed as reasonable self-defense.
What are burdens of proof in California? ›
In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circ*mstances during the case.
What are the court rules that defendant bears burden of proof on self-defense? ›
For self-defense, defendants typically have a burden of production but not the ultimate burden of proof. That is, most states provide that once the defendant has introduced sufficient evidence of self-defense, the prosecution then bears the burden of disproving the self-defense claim beyond a reasonable doubt.
What is the burden of proof for the defense? ›
The burden of proof is the responsibility of the prosecution in a criminal defense lawsuit to prove that the defendant committed the crime beyond a reasonable doubt. It is not the responsibility of the defense to prove their innocence, but rather the prosecution must prove their guilt.
Who has the burden in self-defense? ›
In a criminal self-defense case, the State of California has the burden of proving the defendant guilty beyond a reasonable doubt. While in most cases the defendant is not required to do anything to prove his or her innocence, affirmative defenses shift the burden of proof to the defendant.
