Self-Defense In California

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SELF-DEFENSE
IN CALIFORNIA
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The
Wild West?
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In the days of the Wild West in California there
was no question that force could be met with
force
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However, in the 21st century using force to
protect yourself, a loved one, or your property
could land you in jail
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Asserting
a Defense
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State has burden of proving defendant guilty
beyond a reasonable doubt
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Defendant not required to do anything
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Affirmative defenses shift burden to defendant
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Self-defense is not an affirmative defense in
California
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Prosecutor must prove you did not commit act in
self-defense
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Self-Defense
Law
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California law discusses self-defense in
California Penal Code 197
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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
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California
Castle Law
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Self-defense used in your home is addressed in
California Penal Code 198.5 which creates a
presumption that the actions were justified
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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.
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Stand Your Ground
in California
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Californias right to stand your ground is
found in California Criminal Jury Instructions
505 and 506 which read
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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
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This is so even if safety could have been
achieved by retreating
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Defining
Reasonable
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(No Transcript)
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Jury instructed to use an objective reasonable
person standard
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Jury should ask Would a reasonable person, under
the exact same circumstances, have believed
he/she was in imminent danger and believed that
force was necessary?
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NOT IMPORTANT what defendant actually believed
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Exception found in domestic abuse cases
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Charged
vs. Convicted
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Both law enforcement and prosecutors err on side
of caution
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Easier to dismiss down the road than charge long
after the fact
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Do not talk to police if arrested and/or charged
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LEARN MORE ABOUT SELF-DEFENSE IN CALIFORNIA
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Click to visit
www.attorneylombardo.com
Content provided by Best Legal Practices