Can You Claim Self-Defense in a Murder Case?
Self-Defense in California Murder Cases: What You Need to Know
Being accused of murder is one of the most serious legal challenges a person can face — and for some, the incident may have been an act of protection, not aggression. In California, the law does allow self-defense as a legal justification for homicide, but invoking it successfully requires more than just stating you were afraid.
To qualify as lawful self-defense, your actions must meet specific legal criteria: there must have been an imminent threat, a reasonable fear of harm, and a proportional response. Proving these elements in a courtroom demands careful strategy, supporting evidence, and a deep understanding of how prosecutors challenge such claims.
If you’ve been accused of murder and believe you acted in self-defense, we offer a free consultation to discuss your situation, assess the legal options, and begin building a defense focused on protecting your freedom. Call (310) 448-1529 to speak directly with our office today.
What Counts as Self-Defense in a California Murder Case?
In California, self-defense can be a legal justification for the use of deadly force — even in cases involving a homicide. When successfully proven, it can result in a full acquittal of murder charges.
Under California Penal Code §§ 198–199, a person is legally justified in using deadly force if:
-
They reasonably believed that they or someone else was in imminent danger of being killed, seriously injured, or raped;
-
They reasonably believed that deadly force was necessary to stop that danger; and
-
They used no more force than was necessary under the circumstances.
This is known under California law as justifiable homicide. When these legal elements are met, the killing is not considered murder — and the accused may be found not guilty.
Example: If someone breaks into your home at night and charges at you with a knife, and you respond by using a firearm to stop the threat, the court may consider that self-defense — depending on the specific facts and whether the threat was immediate and real.
Because these cases are heavily fact-dependent, your ability to prove self-defense can come down to how the evidence is presented, how your version of events is supported, and how well your defense attorney frames your actions within the legal standard.
When Self-Defense May Not Apply in a California Murder Case
While California law allows for self-defense in homicide cases, it’s not an automatic shield against prosecution. The court will carefully examine the facts to determine whether your actions truly qualify as legally justified.
There are several scenarios where a self-defense claim may be rejected:
-
You initiated the confrontation or provoked the altercation without clearly withdrawing from the threat.
-
The threat was not immediate or serious enough to justify the use of deadly force.
-
You used more force than necessary under the circumstances — such as continuing to act after the threat had ended.
-
The evidence conflicts with your account, such as when the alleged attacker was unarmed, retreating, or shot in the back.
Prosecutors often scrutinize these details to argue against self-defense. This is why it’s critical to have an experienced criminal defense attorney in Los Angeles who can challenge the state’s assumptions and present your version of events in a compelling, legally grounded way.
What Is “Imperfect” Self-Defense in a Murder Case?
California law also recognizes a concept known as imperfect self-defense — a legal theory that can reduce a murder charge to voluntary manslaughter in certain situations.
This defense applies when:
-
You genuinely believed that using deadly force was necessary to prevent serious harm or death,
-
But that belief was not objectively reasonable under the circumstances.
In these cases, you may still face criminal penalties, but the court acknowledges that your actions, while legally flawed, were not driven by malice or premeditation. As a result, a murder charge may be reduced to voluntary manslaughter, which carries significantly less severe penalties than a murder conviction.
If you acted out of fear — but misjudged the threat — this may be the most strategic legal path forward. A skilled defense attorney can help present this argument effectively, supported by the facts and context of your case.
What Must Be Proven to Claim Self-Defense in a Murder Case?
Successfully claiming self-defense in a California murder case requires more than stating you felt threatened. The law demands clear, credible evidence that your actions met strict legal standards. To support a self-defense argument, your criminal defense attorney must demonstrate:
-
Imminent Threat – That you were facing an immediate danger of being killed or seriously harmed.
-
Proportional Force – That you used only as much force as reasonably necessary to stop the threat.
-
Reasonable Belief – That another reasonable person in the same situation would have perceived the threat and reacted similarly.
A general sense of fear or discomfort isn’t enough. The court will closely examine the circumstances, your actions, and the credibility of your fear. Your attorney’s ability to frame these facts persuasively can determine whether the jury sees your response as justified—or criminal.
Evidence That Can Strengthen a Self-Defense Claim
To build a strong self-defense case in a murder trial, your attorney must back your account with solid, persuasive evidence. The goal is to show the court that your actions were necessary, reasonable, and legally justified based on the situation you were facing.
Types of evidence that may support your defense include:
-
Eyewitness Testimony – From anyone who saw the events unfold or can speak to your behavior or the threat posed by the other person.
-
Surveillance or Phone Video – Footage that captures the incident or moments leading up to it.
-
911 Recordings – Calls placed during or immediately after the event can reflect the urgency and perceived danger.
-
Expert Analysis – Forensic or crime scene experts may help reconstruct what happened and whether your actions align with a reasonable self-defense response.
-
Prior Threats or Abuse – If the deceased had a history of threatening or violent behavior, this can support your claim of fear and necessity.
-
Visible Injuries – Physical harm you suffered during the incident may help show that you were under real threat when you acted.
Your credibility can be just as important as the facts. Judges and juries look closely at whether your story is consistent, supported by evidence, and presented honestly. The more compelling and documented your account, the stronger your defense will be.
What If You Haven’t Been Arrested Yet?
If you were involved in a fatal incident and believe you acted in self-defense — but haven’t yet been arrested — this is a critical moment. You may still have time to influence the course of the investigation before formal charges are filed.
In many cases, law enforcement gathers evidence and presents the case to the District Attorney before deciding whether to pursue criminal charges. During this period, a skilled criminal defense attorney can intervene on your behalf by:
-
Presenting exculpatory or mitigating evidence
-
Correcting false assumptions or incomplete police reports
-
Demonstrating that your actions were lawful self-defense
-
Opening a line of communication with prosecutors to avoid charges altogether
At The Law Offices of Arash Hashemi, we’ve successfully represented clients during this early phase—often helping them avoid arrest entirely or having the case rejected before it reaches court. The earlier you act, the more control you have over how your case is handled.
How Our Firm Builds Self-Defense Cases That Stand Up in Court
We do more than just review the facts — we build a proactive, strategic defense backed by credible evidence and expert insight. From working with forensic specialists to reconstruct the scene, to identifying key witnesses and challenging the prosecution’s narrative, we focus on uncovering the truth and telling your side of the story. Every step is designed to cast doubt on the State’s case — and protect your future.
Accused of Murder But Acted in Self-Defense? Talk to a Los Angeles Criminal Defense Attorney Today
If you or a loved one is facing a murder charge in Los Angeles but acted in self-defense, early legal action is critical. These cases are complex, and the sooner you get a defense attorney involved, the better your chances of avoiding harsh penalties — or even formal charges altogether.
At The Law Offices of Arash Hashemi, we bring over 20 years of experience handling high-stakes violent crime cases across Los Angeles County. Attorney Hashemi knows how to present a strong self-defense claim, challenge weak prosecution theories, and push for the most favorable outcome possible — whether that’s a dismissal, reduced charges, or an acquittal at trial.
Schedule a Free Consultation
📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.
