In order to defend your actions by saying you acted in self-defense, you need to understand self-defense laws and what is permitted and what is not. Self-defense laws give people the right to protect themselves against attack, even if the actions they use to protect themselves are usually against the law. But, there are limits to the kinds of behavior that self-defense laws protect, and in this article, we will help you to understand self-defense laws and their limitations.
What Is the Legal Definition of Self-Defense?
Self-defense laws see self-defense as actions you take to protect yourself from harm. It allows you to use appropriate violence or force in order to address imminent harm or a threat of imminent harm. In order to use self-defense laws, you must prove that you made a reasonable assumption that there was an imminent threat and that your actions were appropriate in comparison with the level of threat. You can also use self-defense laws if you act in the defense of another person.
Self-Defense Laws in California
There are no specific self-defense laws in California. Therefore, the law does not provide any guidelines for what actions someone can take in self-defense. Self-defense cases are weighed on a case-by-case basis by the court and jury.
California’s Criminal Jury Instructions do provide guidelines on how to determine if a self-defense argument is lawful or not. Section 505 states that in order to plead self-defense, the defendant must prove the following 3 things:
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- They reasonably believed there was an imminent threat of harm
- They reasonably believed that they needed to use force to defend themselves or others from that harm
- They used an appropriate level of force for the threat of danger
Self-Defense Laws: Imminent Danger
The danger must be imminent in order to use a self-defense argument. This means someone with a gun pointed at the defendant’s head or dragging the defendant outside to kidnap them. The defendant must believe that they are in danger of immediate harm. A threat that they will kill you at a later date does not satisfy the requirements of self-defense laws.
Self-Defense Laws: Reasonable Belief There Is a Threat of Harm
Self-defense laws urge juries to consider if the defendant was reasonable in their belief that there was danger, whether it turned out to be true or not. If the defendant had a gun pointed at them, they would reasonably believe that there was a threat of harm, even if it later turned out that the gun was not loaded. The jury must look at the circumstances and what information the defendant had available to them before making their decision.
Self-defense laws require the jury to consider what a reasonable person would believe in that scenario. If the defendant is mentally ill, they should not look to self-defense laws but the insanity defense.
Self-Defense Laws: Initial Aggressor
In most cases, if you were the initial aggressor you cannot argue self-defense. However, self-defense law does permit the initial aggressor to argue self-defense in some scenarios. Let’s say there is a bar fight. The defendant throws the first punch and starts a fistfight. In order to use self-defense as a defense, they must have either made a good faith effort to stop the fight, but the other party kept on going. Or the other party must have escalated the fight beyond the initial level to one that posed an immediate threat of serious injury. So, if the other party broke a bottle and tried to stab the defendant with it or pulled out another type of weapon. This is arguably more dangerous than a simple fist fight, and the defendant may invoke self-defense laws.
Self-Defense Laws and Deadly Force
Self-defense laws do permit the use of deadly force, but only in circumstances where the threat was serious injury and death. Deadly force is permitted as a response to murder, rape, mayhem, or other attacked where you feared serious bodily injury.
Stand Your Ground Law
California is not a stand your ground law, but it does have similar legal practices. A stand your grand state allows people to use appropriate force instead of retreating from a threat. California self-defense laws also give people the right to respond to the threat rather than retreating from the threat. If necessary, you can also pursue the attacker to “chase them off” until the threat no longer exists.
Castle Doctrine
The castle doctrine is a legal concept within self-defense laws that allow people to defend their homes against threats. If a robber breaks into your home using force, you can use deadly force. The castle doctrine presumes a threat of imminent harm if someone breaks into someone else’s home. Therefore, that element of self-defense law requirements is automatically fulfilled.