California Self-Defense Laws: Your Right to Defend Yourself, Others, and Property

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Understanding Self-Defense in California

Did you know that in the state of California, you have no legal duty to retreat when facing danger? You can pursue an attacker until the threat has passed, using reasonable force to defend yourself, others, or even your property.

I’m William Pernick, a criminal defense attorney and the founder of the Pernick Law Firm. Joining me today is Sarah Schumacher, a senior attorney at our firm. In this video, we’ll break down key rules of self-defense, defense of others, and defense of property.

Why Is Self-Defense So Important?

Self-defense feels like a fundamental right. If someone is in danger or threatened with bodily harm, it’s natural to want to protect yourself, someone else, or even your property. But what does the law actually say about when and how force can be used in these situations?

Please stay until the end of the video. We will share a quick list of important rules to help you understand your legal rights if you or someone you care about ever faces danger.

No Duty to Retreat in California

In many states, there is a belief that if a person can avoid using force, they should. However, California law does not require you to retreat. You have the legal right to stand your ground and even pursue your attacker until the danger is gone.

Legal Right to Pursue an Attacker

Under California law, if you are in imminent fear of being unlawfully touched or harmed, you have the right to use self-defense. This applies in situations involving assault, battery, and even domestic violence. The right to use force is not limited by gender—men can use reasonable force to defend themselves against women, and vice versa.

Basic Requirements for Self-Defense

There are three essential requirements to claim self-defense in California:

1. Imminent Danger: You must reasonably believe that you or someone else is in immediate danger of bodily harm or unlawful touching.
2. Necessity of Force: Your belief that the immediate use of force is necessary to defend against the danger must be reasonable.
3. Proportional Force: The force you use must be proportional to the threat. For example, if someone punches you, you can punch them back, but pulling out a gun in response would be considered disproportionate.

Mistaken Belief in Danger and Self-Defense

One of the unique aspects of California’s self-defense laws is that you can act on a mistaken belief of danger, as long as the mistake is reasonable. For example, if you reasonably believe someone is about to harm you or a loved one, you can use proportional force to defend yourself, even if it turns out the danger wasn’t real.

Past Experience Matters

If the person you’re defending against has a history of violence or has threatened you before, that information can be considered when determining whether your belief in the need for force was reasonable.

Defense of Others and Property

The right to self-defense extends to defending others and your property. If you see someone else in danger, you are legally allowed to use reasonable and proportional force to protect them. Similarly, you can defend your personal property, such as your car or home, as long as the force you use is appropriate for the situation.

Special Rules for Defense of Property

When it comes to defending your home or land, you have the right to demand that a trespasser leave. If they refuse, you can use reasonable force to remove them. However, you cannot escalate to deadly force unless you are in imminent fear of death or serious injury.

Mutual Combat and Self-Defense

Mutual combat refers to a situation where both parties willingly engage in a fight. If you are involved in mutual combat, you can still claim self-defense, but you must try to stop fighting first. If you indicate that you want to stop and the other person continues to attack, you regain the right to defend yourself.

Key Rules of Self-Defense

At the end of the video, we promised to share a short list of rules to help you understand when you can legally use force to defend yourself or others:

1. Words Alone Are Not Enough: You cannot use force in response to verbal insults unless there is an imminent threat of bodily harm.
2. The Threat Must Be Immediate: The danger must be happening right now. Future threats are not enough to justify the use of force.
3. Your Belief in the Need for Force Must Be Reasonable: The jury will evaluate whether a reasonable person in your situation would have believed that force was necessary.
4. Use Proportional Force: Do not use more force than necessary to defend against the danger. If you escalate a non-deadly situation to a deadly one, you may be charged with a crime.
5. Don’t Start a Fight to Claim Self-Defense: If you provoke a confrontation, you lose the right to claim self-defense.

Conclusion

California’s self-defense laws offer robust protection for individuals defending themselves, others, or their property. However, the force used must always be reasonable and proportional to the threat. If you ever find yourself in a dangerous situation, understanding these rules can help protect you legally as well.