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.
It is critically important that if you are facing criminally violent charges in California that you don’t brush them off, but rather, take them very seriously. Calling the Manshoory Law Group is a good start. Shaheen F. Manshoory is an aggressive and competent trial attorney in Los Angeles who specializes in criminal defense law in the state of California.
The skilled legal team at the Manshoory Law Group is dedicated to fighting to protect the rights and freedoms of individuals facing criminal charges in Orange County, California, and other surrounding areas.
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.
Even if you had the purest of intentions simply wanting to defend yourself or your loved one against another party’s aggression, it is still possible to be convicted of a violent crime in California and sent to jail.
If you are arrested for violent actions you took against another party in self-defense you will go to court. There will be an aggressive prosecutor trying to secure your guilt. To do so, that prosecutor will have to clearly show that the actions you took were not in self-defense.
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. In a position where your life was in jeopardy, you could sustain physical bodily harm, or be touched in an unlawful way.
- There is a reasonable belief that quick action of force must be taken to defend against the imminent danger. Your thoughts about your position were rational and reasonable as to why you acted forcefully to avoid death, physical harm, or unwarranted touching.
- The amount of force used against the imminent danger was a reasonable amount. You didn’t use an excessive amount of force to stop the danger you reasonably believed was coming your way. Instead, you used an understandable amount of force only to prevent another party from hurting you.
Self Defense and “Stand Your Ground”
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 call 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. 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.
California “Stand Your Ground” Laws mean that you do not have to retreat in the face of danger. You can though, defend yourself physically if necessary until you can get the threat to leave if the threat faced is believed to be something that you think will cause you physical bodily harm.
Even in cases where retreating could have been a practical reaction, people in the state of California are not required to run away from a threat. Confronting a perceived threat could fall under “Stand Your Ground” Laws.
Speak to a Los Angeles Criminal Defense Attorney Today
If you are making the case for self-defense, you need to have the jury believe that the way you acted was reasonable for anyone to respond in the same situation. The jury needs to believe that another party in the same circumstances would also feel immediate danger and would counter that situation with similar actions.
Having a persuasive and knowledgeable Los Angeles criminal defense attorney is a good way to improve your chances of making this happen. Call the Los Angeles criminal defense lawyers today to discuss your case at (877) 977-7750.
Harvey Weinstein Gets One Count of Sexual Battery Against Him Dismissed
The case against Harvey Weinstein for sexual assault and battery that several women have made against him has made prime-time news. It has also remained in the news as his trial lingers on. With more prominent men being called out for improper or even criminal behavior, the question remains, does a woman’s claim always lead to a guilty verdict for a man she is accusing?
Sexual assault cases can be highly tense and emotional. There are many who have very passionate feelings about how men have used their influence over women to take advantage of them and harm them sexually. Overcoming a sexual assault charge in Los Angeles or anywhere else is not easy. Once a claim has been made, even if it can be proven illegitimate, these assertions can still weigh heavy on a person’s life for the long term.
Today, it is commonly said to “always believe the woman”. While many women are brave for coming forward and telling their stories, not every accuser is credible or honest. Specifically, when it comes to famous and powerful people, the craving for money and notoriety could be the outcome some accusers are seeking.
This is something that is seen often, where reasonable and trustworthy accusers are lumped in with those that are trying to take advantage of the situation and deceive for their own personal gain. It is important to carefully approach these cases with care and detail so that the best outcome can result for defendants facing such egregious and life-altering allegations.
How Did Harvey Weinstein Get an Accuser’s Sexual Assault Claims Dismissed?
Weinstein is a famous movie producer, who was indicted on 11 counts of rape and forcible oral copulation. Harvey Weinstein’s criminal defense team claimed that there were at least three of these criminal complaints that were filed after the statute of limitations had expired. The statute of limitations is the period of time that a person has to file a claim against another party.
There is a defined timeframe that both civil and criminal suits can be legally filed against someone else. If a claim is filed outside of that specific time frame, then it is likely that the court will throw the case out, and plaintiffs will not have the ability to recover financial compensation or punitive repercussions.
Each state has its own laws with regard to what the statute of limitations is for specific actions. For example, a personal injury claim in California has a statute of limitation that typically is two years from the date that the injury accident took place. The California statute of limitations for the charges in question for Harvey Weinstein is 10 years.
Harvey Weinstein’s criminal defense attorneys argued to have three charges thrown out because filings were made outside of the statute of limitations. However, Lisa Lench, the judge in the case, did not permit two charges to be dismissed under these arguments that took place between 2004 and 2005. The judge did though, permit one claim that alleged sexual battery took place in 2010 to be dropped.
While the job that Harvey Weinstein’s attorneys have to clear his name is going to be challenging, the one thing the movie mogul has on his side is his talented and experienced legal defense team fighting for him.
Contact a Los Angeles Sex Crime Attorney
If you have been charged with sex crimes in California, you could face very serious legal repercussions not to mention social disgrace and implications if you are convicted. The Los Angeles sex crime defense attorneys at the Manshoory Law Group can help.
Due to the significant damage that can happen to your life if you are convicted of sex crimes in California, it is imperative that you have the most effective and qualified Los Angeles criminal defense attorneys protecting your interests. Contact our attorneys today to schedule your Free Consultation at (877) 977-7750.