It is essential that you have the ability to keep yourself and your family safe. When a self-defense situation comes about, the means by which you are legally able to protect yourself or your loved ones can vary by state. In the state of California, you are within your right to “stand your ground” and use force instead of retreating when you are in a perilous situation. While no formal state statutes exist where this is written, courts have referred to case law to acknowledge a person’s right to engage in the use of force inside and outside their home.
What are California’s Stand Your Ground Laws?
If you are in a situation where you reasonably feel threatened or if you believe that another person is in serious danger you have the right to respond with force against an assailant. When the perils you or another party faces are imminent and you believe your life or the life of another party is at risk, you may use deadly force. It is lawful to engage in self-defense actions when the following is true:
- There is a reasonable belief that a situation poses an imminent danger of harming a person.
- There is a reasonable belief that quick action of force must be taken to defend against the imminent danger.
- The amount of force used against the imminent danger was a reasonable amount.
California’s self-defense case law explains that the use of force can happen when a person’s fear of harm was reasonable and that the details of their situation called for instant action in response. The actions that a person takes to defend themselves must be aligned with what any other reasonable person would do in the same situation. When a case goes to court over the use of force one party inflicts on another, every detail of the situation is scrutinized. The facts will be examined to determine if the situation was dangerous and if the response to the danger was appropriate.
You are lawfully allowed in California to use deadly force if it was reasonably necessary to protect yourself or another party. When you are in a situation where the danger you are facing is imminent and you reasonably believe that you risk significant harm and physical bodily injuries you may react appropriately to stay safe. You are also allowed to use a reasonable amount of force to protect property or possessions that are believed to be in harm’s way.
Deadly force may be used to protect one’s property or possessions in specific situations. If you are defending your home or a piece of property where an assailant is intent on committing a felony deadly force may be used. The other time when deadly force may be utilized is when you are defending your home or property against a person that is trying to enter and hurt someone inside.
Speak to a California Criminal Defense Attorney Today
If you have been arrested in connection with a violent act that was legitimate self-defense, call the resourceful and experienced Los Angeles criminal defense attorneys at the Manshoory Law Group. Our team of strategic California criminal defense lawyers is available to you 24/7. Call Manshoory Law Group today at 877-977-7750 to schedule your free consultation.