It is most people’s worst nightmare – having to use deadly force to protect yourself or a loved one. It can, and does, happen though more and more frequently across the United States. The law is aware that self-defense is sometimes necessary and that even deadly force may be required in a self-defense situation; however, the law must also attempt to prevent excessive use of force. Therefore, each state, including California, has laws that pertain to self-defense which attempt to provide guidance as to when self-defense applies and how much force can be used in a self-defense scenario. The line between a legitimate claim of self-defense and a criminal offense in San Diego California can be very thin and very fact specific. A better understanding of the California laws relating to self-defense may help prevent you from crossing that line.
Self-Defense in San Diego California
California law allows you to use force to protect yourself if:
- You have a reasonable belief that you are in imminent danger of being killed, injured, or unlawfully touched AND
- You have a reasonable belief that force is necessary to prevent the unlawful touching, injury, or death AND
- You use no more force than is necessary to prevent the harm from occurring
As you can see, there are a number of terms that are open to interpretation and are very fact specific. For example, what is a “reasonable belief”? How is the amount of force necessary to prevent harm determined? Unfortunately, there are no easy answers to those questions.
California Penal Code section 198.5, known as the Home Protection Bill of Rights, creates a rebuttable presumption that that use of deadly force against an intruder in your own home was an act of self-defense. Therefore, in a scenario where you wake up in the middle of the night to the sound of glass breaking and find a masked intruder in your home you would likely be able to successfully claim self-defense if you shot the intruder causing his death. Many situations, however, are not as clear cut. If you are approached on a dark street at night by a group of individuals demanding your wallet/purse, can you use deadly force and claim self-defense? The answer in that scenario is less clear.
If you have been involved in a situation where you used force (deadly or otherwise) to defend yourself or a loved one, you need to consult with an experienced California criminal defense attorney right away. There is a good possibility that the State of California will initially charge you with a crime and you must be prepared to immediately assert the defense of self-defense to prevent the possibility of actually being convicted of a crime.
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