Defense of Others: When Does It Apply in California?
You’ve likely heard of self-defense. In California, you can also use physical force to defend another person. However, for the defense to apply, it must fall within the law’s established boundaries.
This article discusses when the defense of others applies under California law and when it doesn’t. It also covers issues such as mistake and imperfect self-defense. Finally, it explains how a Marin County criminal defense attorney can help.
The Core Requirements of Self-Defense in California
For defense of others to apply, the following must be true:
- The defendant must reasonably believe that someone else was in imminent danger of death or bodily injury;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
- The defendant used no more force than was reasonably necessary to defend against that danger.
So, the key concepts are the reasonableness of the belief, the immediacy of the danger, and the reasonable use of force.
As to the reasonableness of the belief, the jury instructions on defense of others say, “Defendant’s belief must have been reasonable and (he/she) must have acted because of that belief.” In other words, the court will look at what a reasonable person in a similar situation would have believed.
Assume Darryl sees Abe and Victoria in a city park. Darryl sees Abe lunge at Victoria with a sharp object. Darryl intervenes and attacks Abe. He then learns that Abe and Victoria are actors who were practicing a scene from a play. The question is not whether Victoria was actually in danger, but whether a reasonable person would have believed that she was.
Regarding imminence or immediacy, there must be proof that the injury was going to happen right then, not in the future. If one person is actively attacking another, the requirement is likely met. However, if someone says, “Wait until next week!” there is no immediacy. Even if the person fully intends to carry out the future attack next week, there is plenty of time to alert the police and stop it without using violence.
Finally, defense of others allows private citizens to use force that is reasonably necessary under the circumstances. So, if the attacker is using deadly force, such as a knife or gun, it’s arguably reasonable for the defender to use the same level of force. However, if the attacker only slaps the victim and the defendant is much bigger and stronger than the attacker, the defender’s use of deadly force is harder to justify.
Who Must Prove Defense of Another under California Law?
This can be tricky because it is easy to confuse the burden of production and the burden of proof.
Self-defense is a justification defense. This means that the court can require some proof that the defense might be relevant. This evidence can come from the prosecution or defense. However, even if the defendant offers some minimal evidence of defense of others, the prosecution still has the burden of proving guilt. In other words, even if the defendant offers evidence in their own defense, the prosecutor still must prove beyond a reasonable doubt that self-defense or defense of others should not apply.
What if the Person You Defended Wasn’t Entitled to Use Self-Defense?
A common question regarding defense of others is whether the defense applies if the person being “rescued” wasn’t entitled to use self-defense. The answer depends on what a reasonable person would have believed under the same circumstances.
California places important legal limits on self-defense. A person cannot successfully claim self-defense if:
- There is no need for force
- They started the altercation (were the initial aggressor)
- They are engaged in mutual combat
Generally, in California, whether the defender loses the defense depends on what they knew or could have reasonably believed. So, if the defender saw the alleged victim start the fight, defense of others is unlikely to apply. However, if the defender arrived well after the alleged victim started the altercation and had no idea, the defense might still be viable.
What Is “Imperfect Defense of Another?“
Imperfect defense of another means, as the name implies, that the defense requirements are not met. Specifically, the defender sincerely believed that death or great bodily injury was imminent or that deadly force was necessary, but at least one of those beliefs was objectively unreasonable. Because defense of others requires reasonable beliefs for both, the defense is unavailable. However, even where the belief is unreasonable, the defender might be able to argue imperfect defense of others.
Imperfect defense of others is not a true defense because, unlike perfect defense of others, it can’t lead to a not guilty verdict. However, imperfect defense of others can reduce a murder charge to voluntary manslaughter.
Frequently Asked Questions About Defense of Others
- Can more than one person claim defense of another after the same fight?
Most likely, yes. Each defendant’s use of the defense will rely on their own specific actions, beliefs, and use of force.
- Can the person I defended still be charged with a crime?
Potentially. A reasonable person could believe that someone committing a crime needed to be defended from an attack.
- Can you still be arrested or charged even if the person you defended says you were helping them?
Yes. Defending others does not make you immune from criminal charges. However, prosecutors may consider the strength of any possible defenses before bringing charges.
- Can defense of another affect a civil lawsuit arising from the same incident?
Yes. In a civil lawsuit, you can introduce evidence showing your actions related to defending another.
- Does the person you defended have to cooperate with your criminal case?
Not necessarily. Generally, a witness who receives a subpoena must appear in court. However, witnesses may not be available to testify for many reasons or may be unable to answer certain questions.
How Can a Marin County Criminal Defense Attorney Help?
A criminal charge is serious, but you don’t have to handle it alone. A Marin County defense attorney can help by gathering evidence that supports your belief that your actions were reasonable, such as videos and witness statements. They can also challenge the state’s evidence.
If you’ve been charged with a crime and need a strong defense, Brownstein Law Group can help. Local attorneys know that we’re prepared to go the distance for our clients. Schedule a consultation by calling 415-795-9059 or using our online contact form.