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Understanding California Self-Defense Laws: Protecting Your Rights with Poseidon Defense APC

Navigating the complexities of California's legal system can be daunting, especially when it involves self-defense. At Poseidon Defense APC, we understand the critical importance of knowing your rights and how to protect yourself within the boundaries of the law. This blog post aims to provide a clear and concise overview of California's self-defense laws, helping you understand when and how you can legally defend yourself. If you or a loved one faces charges related to self-defense, contact our experienced criminal defense attorneys for expert guidance.

California law establishes that self-defense is an affirmative defense, requiring the defendant to prove that their actions were justified and that the force used was not excessive. The use of force must be necessary to prevent a threatened battery, and it cannot be used to retaliate for past actions. Evidence of prior acts of violence or threats by the plaintiff may be introduced to support a self-defense claim, but only if there is evidence of a specific overt act of hostility or threat of violence by the plaintiff that justifies the defendant's actions

In criminal cases, the doctrine of imperfect self-defense applies when a defendant mistakenly believes that circumstances required defensive action, even if their perception was influenced by mental illness. However, this doctrine does not apply if the belief in the need for self-defense is purely delusional. In such cases, the claim must be addressed during a sanity trial. Evidence of mental illness may still be presented during the guilt phase to support a claim of imperfect self-defense based on a mistake of fact, such as misjudging external circumstances

The California Supreme Court has held defendants who mistakenly believed that actual circumstances required their defensive act may argue they are guilty only of voluntary manslaughter, even if their reaction was distorted by mental illness. But defendants who contend they killed in self-defense because of a purely delusional perception of threat must make that claim at a sanity trial. Unreasonable self-defense and legal insanity are distinct theories, and must be adjudicated separately. 

The doctrine of imperfect self-defense is not available when the defendant’s belief in the need to defend himself or herself is delusional. This is because imperfect self-defense involves a misperception of objective circumstances, not a reaction produced by mental disturbance alone. Nor is it admissible at the guilt phase under California Penal Code Section 28(a). 

Key Concepts of California Self-Defense:

California law recognizes the right to self-defense, but it's not absolute. It's crucial to understand the nuances to ensure your actions are legally justified. Here are the core principles:

• Reasonable Belief of Imminent Harm: 
  • Self-defense is justified when you reasonably believe you or another person are in imminent danger of suffering bodily harm. This belief must be objectively reasonable, meaning a reasonable person in the same situation would also believe they were in danger. California Penal Code Section 835a

Proportional Force: 

• The force used in self-defense must be proportional to the threat. You cannot use excessive force. For example, using deadly force to respond to a minor push may be considered excessive. California Penal Code Section 835a

Duty to Retreat (Sometimes): 

• California generally does not have a "stand your ground" law. However, there are some exceptions and nuances to this rule. Generally, one does not have a duty to retreat before using self-defense in their own home or workplace. However, outside of those locations, the particulars of each case greatly impact the courts decision. California Penal Code Section 198.5 

Defense of Others: 

• You can use self-defense to protect others if you reasonably believe they are in imminent danger. The same principles of proportionality and reasonable belief apply. California Penal Code Section 835a

Defense of Property: 

• While you can defend your property, the use of deadly force is generally not justified solely to protect property. The threat must involve a risk of serious bodily harm. California Penal Code Section 197

Understanding the "Castle Doctrine":

California's "castle doctrine" provides that you have no duty to retreat when attacked in your home. This means you can use reasonable force, including deadly force, if you reasonably believe it's necessary to prevent imminent harm to yourself or others in your residence. California Penal Code Section 198.5

When Self-Defense Becomes a Legal Issue:

Even if you acted in self-defense, you may face criminal charges if:

• The force used was deemed excessive.
• Your belief of imminent harm was not considered reasonable.
• The prosecution disputes your version of events.

How Poseidon Defense APC Can Help:

At Poseidon Defense APC, we have a deep understanding of California's self-defense laws. Our experienced criminal defense attorneys can:

• Thoroughly investigate your case.
• Gather evidence to support your self-defense claim.
• Build a strong defense strategy.
• Represent you aggressively in court.

If you or a loved one is facing criminal charges related to self-defense, don't hesitate to seek legal counsel. Contact Poseidon Defense APC today for a confidential consultation. We are dedicated to protecting your rights and ensuring a fair outcome.

PoseidonDefenseLaw.com

Call or Text Us: 714-978-9988

1440 N. Harbor Blvd. 

#260

Fullerton, CA 92835

Disclaimer:

The information provided in this blog post is intended for general informational purposes only and does not constitute legal 1  advice. This information is based on general principles of California law and may not reflect the most current legal developments. Laws are subject to change, and the application of legal principles can vary depending on individual circumstances. It is essential to consult with a qualified attorney to discuss your specific situation and 2  receive personalized legal advice. Poseidon Defense APC does not guarantee any specific outcome or result in any legal matter. The content of this blog post should not be relied upon as a substitute for professional legal counsel. If you have any legal questions or concerns, please contact our office for a consultation.