You have probably heard many discussions about self-defense and what people are allowed to do to defend themselves. The general belief is that if you think someone is going to hurt you or your property, you have a right to use force to prevent that harm. However, if you are facing criminal charges and believe you acted in self-defense, you may be wondering what the law says about your right to defend yourself.
What do California Laws Say About Self-Defense?
California law states that if you had a reasonable belief that you were in imminent danger, a reasonable belief that the use of force was the only option to prevent harm and that you only used enough force as was necessary, then your actions qualify as self-defense. This definition is simple in theory but can be more challenging in practice. One of the difficulties lies in the elements of reasonableness and necessity.
The law says that the threat to your safety does not have to be real, only that your belief in the potential harm was reasonable. This is a subjective standard, as what is reasonable to one person will not be reasonable to everyone. Additionally, the requirement that your use of force was necessary can also be interpreted differently. Having an experienced criminal defense attorney is important because they will know how best to present the evidence to ensure the reasonableness and necessity of your actions are clear.
The Castle Doctrine is a law that states you are allowed to use deadly force to protect yourself, your home, or your family if someone breaks into your house. You are not required to retreat; you can legally stand your ground.
Can You Shoot Someone in Self-Defense in California?
California is a stand-your-ground state. This means that you are not required to flee from a fight or from danger. Self-defense laws include the use of a firearm, meaning you can shoot someone in self-defense in California.
Remember that all the elements of self-defense must be present in order for shooting someone to be lawful.
When is Self-Defense a Valid Legal Defense?
Again, self-defense must include the three elements of reasonable belief you were in imminent danger, reasonable belief that use of force was the only option and that you used the appropriate level of force. If someone attacks you or if you reasonably believe that someone may intend to harm you, your actions to protect yourself may legally qualify as self-defense if these elements can be proven.
You may have noticed that this discussion of self-defense has centered on scenarios in which the other person acts first or intimidates you in some way. However, even if you are the aggressor or initiator of the altercation, self-defense may still be a valid legal defense if either of the following is true:
- You tried to stop fighting and indicated your intent to the other person
- Your initial force was non-deadly, but the other person’s response was deadly force
Self-defense can be used as a legal strategy against numerous criminal charges, including domestic battery, assault with a deadly weapon, murder, manslaughter, or simple battery.
Is Proving Self-Defense Difficult?
Self-defense is known as an affirmative defense, which means you admit you broke the law but claim your actions were justified given the situation. You are not required to prove self-defense in California. Instead, the prosecutor must prove that your actions do not qualify as self-defense.
Remember that self-defense laws apply in circumstances where you are protecting yourself, someone else, or your property. The elements of self-defense in cases where you protected yourself or another person are discussed above, but when you act in self-defense of your property, the requirements are slightly different.
If you fought back against someone else in order to protect your property, it may be considered self-defense if there was an imminent threat to your property and the force you used was reasonable to defend it.
The Flannel Doctrine
In California, there is also a law known as the Flannel Doctrine, which makes self-defense cases even more complex. The Flannel Doctrine, or imperfect self-defense, removes the reasonability requirement in certain cases. In other words, someone may be considered to have acted in self-defense under the Flannel Doctrine if they had an honest but unreasonable belief that deadly force was necessary.
The Flannel Doctrine requires that you show:
- You had a belief that you were facing imminent peril of death or great bodily injury
- You had a belief that the use of deadly force was needed to protect yourself
- That at least one of these beliefs was unreasonable
Working with a Lawyer to Build Your Self-Defense Case
Knowing which laws to apply to your case requires a gun crimes defense attorney with targeted experience representing self-defense clients. The Law Office of Sheny Gutierrez will help you decide what your best option is and fight for a favorable outcome that lets you get back to your life as quickly as possible. Contact us at (714) 836-6000 for a free consultation.