The right to use deadly force in self-defense is one of the most-argued and least-understood legal concepts today. At its base, self-defense is simple. California's self-defense laws state that people may use force proportional to the force used against them.
California law allows people to use any force up to lethal force to defend themselves and the defense of others if they have a reasonable belief such force is necessary to prevent worse harm. California does not call itself a "stand your ground" state. But its laws resemble those of so-called "stand your ground" jurisdictions.
This article reviews California's self-defense laws and what they mean if you are in danger of imminent bodily harm in your home and in other locations.
Self Defense and Stand Your Ground Laws
All states recognize the right to defend oneself against an imminent threat. California Penal Code § 692-694 codifies the right as:
- Lawful resistance to a public offense means it must be something happening where others can see it
- Resistance sufficient to prevent an offense against the person, their family, or their property.
- Resistance sufficient to aid the defense of any other person in danger.
Stand-your-ground laws have excited some discussion in recent years. You may see some advocates call California a "stand your ground" state, but California does not have an affirmative stand-your-ground law. Instead, the state's self-defense laws omit any requirement to retreat.
There are three ways a state can frame self-defense laws:
- An affirmative requirement to retreat. "Duty to retreat" means that a person in immediate danger must retreat to a place of safety, if it's safe to do so, before resorting to lethal force. Ten states (Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, and Rhode Island) have an affirmative duty to retreat laws.
- An affirmative law protecting the right to confront an attacker, even if retreat was possible. Some 35 states now have specific "stand your ground" statutes. In some states, self-defense is presumed, and the state must show that the crime was not justifiable homicide.
- A presumptive rule that allows defendants to claim self-defense but places the burden of proof on the defendant to show they were in fear of death or great bodily harm. California's case law supports a presumption of self-defense.
A claim of self-defense in California depends on circumstances. Although a defendant has no duty to retreat, they must reasonably believe there is an imminent threat of harm. A defendant must:
- Be somewhere they have a legal right to be
- Use force proportional to the force used against them
- Reasonably believe that force is necessary to prevent a greater harm
Defendants are not allowed to seek situations to use force or provoke someone into throwing a punch to claim "self-defense." You can't go into a dark alley or biker bar and taunt a stranger into attacking you; that would not be self-defense, but assault.
The Castle Doctrine
The "castle doctrine" (CA Penal Code § 198.5) harks back to the common law doctrine that "a man's home is his castle." Someone on their own real property (home, place of business, real estate) has no duty to retreat when faced with imminent danger. The law presumes that if you used force likely to cause "death or great bodily injury," you believed you were in fear of such force.
Under California's castle doctrine, the prosecutor must prove that you were not in fear of death or serious bodily injury, and if that is not shown, the court must acquit you.
The castle doctrine does not apply when you leave the property. You can't use self-defense against law enforcement officers, first responders, and others allowed by statute to enter property without the owner's consent.
You can use the amount of force that a "reasonable person" would use in a similar situation. Like all self-defense laws, the castle doctrine depends on the circumstances. A reasonable fear in one time and place is not reasonable in another.
Imperfect Self-Defense
Imperfect self-defense is a criminal jury instruction that allows defendants to avoid a murder conviction in cases where their use of excessive force was sincerely held but objectively unreasonable (People v. McCoy (2001) 25 Cal.4th 1111, 108 Cal. Rptr.2d 188, 24 P.3d 1210).
In an imperfect self-defense case, a defendant must show evidence that tends to negate the malice element of a murder charge and show that at the time of the homicide, they reasonably but mistakenly believed that they were in fear for their life. The jury instructions allow jurors to consider a verdict of voluntary manslaughter rather than first- or second-degree murder.
Belief in future harm is insufficient to justify a self-defense claim.
Mutual Combat
If you're involved in a fight, even in a stand-your-ground state, you can face criminal charges if you started it or failed to back out when you could. Street fights are one area where "self-defense" is not a valid excuse for failing to retreat. If the fight escalates to deadly force, or someone is seriously injured or dies, you can claim self-defense if you were not the initial aggressor or:
- You tried to stop fighting in good faith and could not
- Indicated to your opponent you wanted to stop fighting, and
- Gave your opponent the chance to stop fighting
If you picked the fight or pretended to retreat to catch your opponent off guard, your defense will fail (CA Penal Code § 197).
Defense of Another
California law allows you to come to the defense of another (CA Penal Code § 197). You can use reasonable force to prevent an attempted homicide or felony on another person or to prevent an entry into another's home with an intent to do harm.
As with other self-defense laws, the use of force must be proportional to the force exerted. You must also be sure that the person needs your presumed help.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
California Self-Defense Laws: Related Resources
Get Legal Advice from a Criminal Defense Lawyer
Self-defense is an affirmative defense, meaning you must prove that you were in fear of imminent harm. This is not an easy thing to prove in court. If you have this type of criminal case, you need help from an experienced criminal defense attorney to protect your civil rights.