Understanding the Legal Limits of Self-Defense in California

You’ve seen self-defense on television, in movies, and more. You’ve heard about it, but do you understand how it works?

Like other states, California recognizes self-defense. However, the doctrine has important limits that affect its operation. 

This article explains how California defines self-defense. It also discusses the limitations on the defense in this state. Finally, it explains how a Marin County criminal defense lawyer can help with this defense.

How Criminal Defenses Work in California

Think of a crime as a puzzle. Every crime has a certain number of pieces. For the prosecutor to get a conviction, they must convince the jury that each piece is present and in its proper place. When a defendant raises a defense, they are essentially removing one of the necessary pieces. 

There are two main categories of criminal defenses: justifications and excuses.  In an excuse defense, the law holds that the defendant should not be convicted because, while they did something wrong, it would be wrong to hold them responsible for their actions. Insanity is an excuse defense.

In justification defenses, the law recognizes that the defendant did something wrong but that their actions were reasonable under the circumstances. Self-defense is a justification defense. 

The Core Requirements of Self-Defense in California

The requirements for self-defense are set forth in California statutes and court rulings. But basically, for an act to be in self-defense, the defendant must: 

• Reasonably believe that they were in imminent danger of great bodily injury or death, 
• Reasonably believe that the immediate use of deadly force was necessary to defend against that danger, and 
• The defendant used only the force that was reasonably necessary to defend against that danger.

Let’s break down some key parts of this definition.

Reasonable 

Self-defense requires a belief that imminent danger exists. However, this belief must be reasonable. The key consideration is what a reasonable person in a similar situation with the same facts would have believed. For instance, the defendant said that they feared for their life because the attacker came at them with a knife. The average person would also be afraid, so the fear is reasonable. But if the defendant said they had to use deadly force because the attacker had a banana, the fear is unfounded. As such, self-defense will not apply.  

Surprisingly, even a false belief can be reasonable. For instance, if a robber had a banana in their pocket but told the defendant that it was a gun, the belief would be reasonable as long as the defendant reasonably believed that the information was true.

Imminent 

Danger is imminent when it is immediate and present. So, if Person A is holding a gun and says to Person B, “I am going to kill you!” the threat is urgent. However, if Person A said, “I’m going to kill you next week!” or even, “I’m going to kill you as soon as I go to my car and get my gun!” the threat is in the future. Person B has plenty of time to flee, call the police, or otherwise avoid the conflict. As such, there is no justification.

Just as future threats won’t support self-defense, past violence also creates issues, especially in domestic violence cases. California allows a history of abuse to be considered, but the threat must still be imminent.

Appropriate Force 

The law requires that force be proportional. So, if Person A attacks Person B with deadly force (force that is likely to cause death or great bodily injury), Person B is justified in using that same level of force. On the other hand, if Person A slapped Person B and Person B responded by stabbing, the response is lopsided. Therefore, Person B cannot claim self-defense.  

Limits on Self-Defense: Instigation, Pursuit, and Other Doctrines

Let’s consider how other doctrines restrict self-defense. 

The Initial Aggressor Rule 

Self-defense justifies a person’s bad acts because they likely had no choice in the situation. As such, when a person starts a fight, they lose the right to claim self-defense. A person is the initial aggressor when they throw the first punch or use words intended to start a fight. However, insults and yelling are not enough. There must be threats, menacing, brandishing, or similar conduct.  

Mutual Combat 

Person A says, “Let’s take this outside!” Person B agrees. This is mutual combat. Again, when people create or agree to engage in danger, the law cannot protect them from their decision. 

Caused by Criminal Conduct

Person A pulls a gun on Person B. Person B returns fire. If Person A is a security guard and Person B is a bank robber, self-defense is complicated. B provoked the conflict by engaging in unlawful conduct. Without this conduct, A would not have fired. Under these circumstances, self-defense is typically unavailable.

Pursuit

Once the danger has passed, the threat is no longer imminent. So, running after an attacker will likely not support self-defense. 

Stand Your Ground in California

In the colonial era, the law required people to retreat before acting in self-defense if they could do so safely. Generally, this rule applies in all places except a person’s home. Over the years, some states adopted a “stand your ground” approach. This rule said that people under attack had no duty to retreat, or had only a duty to retreat in very limited circumstances. 

Technically, California doesn’t have a stand-your-ground law. But California courts have embraced the doctrine in a limited sense. In California, generally, there is no duty to retreat before using self-defense if all other self-defense requirements are met. So, they must still have a reasonable fear of imminent danger and use appropriate force. Significantly, in California, retreat is relevant to the reasonableness of self-defense. So, if the defendant could have retreated and used force, the jury will have to consider that. 

Additionally, Stand Your Ground does not mean that any fear justifies the use of force instead. Fear is subjective, but reasonableness is objective. 

Get Help with Your Self-Defense Claim

Self-defense is powerful. If you use it successfully, it can result in a not guilty verdict. But the doctrine is complex. To ensure that you get its benefits, you’ll need a Marin County defense attorney. A lawyer can help you build a strong defense that will preserve your freedom. 
If you need legal help with self-defense or any other criminal defense, contact Brownstein Law Group. We have decades of experience preparing strong defenses for our clients. Call 415-965-6183 or use our online form to schedule an appointment.