Key Elements of Self-Defense in California

Under California law, your actions may be considered lawful self-defense if they meet the following criteria:

1. Immediate Threat of Harm: You reasonably believed that you or someone else was in imminent danger of being injured, unlawfully touched, or killed. The threat must be immediate—future or vague threats are not sufficient.
2. Necessary Use of Force: You believed that immediate action, including the use of force, was required to prevent harm. The law recognizes that hesitation in life-threatening situations can increase the risk of injury or death.
3. Proportionate Force: The level of force you used was reasonable and no greater than what was necessary to prevent the threat. For example, responding to a non-lethal attack with deadly force may be considered excessive under California law.

If these elements are met, self-defense may provide complete legal protection against criminal charges. However, failing to meet one or more of these criteria could result in a charge being upheld or reduced, such as from murder to manslaughter under an “imperfect” self-defense claim.

The Castle Doctrine and Defending Your Home

The Castle Doctrine, outlined under Penal Code 198.5, offers specific protections to homeowners who use force to defend themselves within their residence. This doctrine permits the use of deadly force, but only when the homeowner reasonably believes the intruder poses an immediate threat of death or serious bodily harm. Importantly, these protections are limited to situations where personal safety is at risk—they do not extend to protecting property alone. For example, if an unarmed intruder enters your home without showing any threatening behavior, using deadly force could result in criminal charges, such as manslaughter or assault with a deadly weapon.

Self-defense claims extend beyond the home and may apply in various scenarios. In cases of home invasions, homeowners may justifiably use force to protect themselves and their families if their safety is immediately threatened. Similarly, in public altercations, responding to an unprovoked physical attack with reasonable force may qualify as self-defense. California law also allows individuals to protect others from imminent harm, provided the actions taken are proportionate to the threat.

While self-defense laws provide strong legal protections, asserting this defense can be challenging in court. Prosecutors often scrutinize whether your belief in the danger was reasonable and whether the force used was proportional. Without skilled legal representation, even justified actions can lead to severe consequences, making it crucial to navigate these cases with the guidance of an experienced attorney.

How We Can Help

Every self-defense case is unique. We’ll conduct an in-depth review of the facts surrounding your case, including the events leading up to the incident, the actions you took, and the circumstances you faced. This evaluation helps us identify the most effective defense strategies tailored to your situation. Building a strong defense requires more than just your account of the incident. We’ll work to uncover critical evidence, such as surveillance footage, medical reports, or police records, that supports your claim. Additionally, we’ll interview witnesses to provide corroborating statements that strengthen your defense.

In complex cases, we may work with forensic experts, psychologists, or use other professional resources to reconstruct the events and establish the reasonableness of your actions. This expertise can play a crucial role in demonstrating that your belief in the threat was justified. If your case goes to trial, we’ll advocate for you at every stage, presenting compelling arguments that highlight the immediate threat you faced and the necessity of your actions. We’ll challenge the prosecution’s evidence, cross-examine witnesses, and ensure the jury understands your right to self-defense under the law.

In many cases, Attorney Hashemi can negotiate with prosecutors to reduce charges or even have the case dismissed entirely. Our team will explore all available options to resolve your case favorably without unnecessary courtroom battles.