Under California law, you act in lawful self-defense if you:
- reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched,
- believe that immediate force is necessary to prevent that danger, and
- use no more force than necessary to defend against that danger.
If these requirements are met, self-defense can serve as a complete defense to a California violent crime if you are forced to kill or injure another.
The general rule under California self-defense law is that you are only allowed to use enough force to combat the force being used against you.
You must prove that another was about to kill, seriously injure, or unlawfully touch you. A threat of future harm (regardless of how significant the harm may be) will not suffice, as the danger must be immediate.
In addition, prior threats are not sufficient for this defense if they are not coupled with an overt act demonstrating an immediate intention of executing the threat. However, if you have previously been threatened by your attacker, you are entitled to act more quickly and with more force than someone who has not been threatened. Deadly force, however, may only be justified if you are about to suffer great bodily injury or death and if there is no other alternative.
Even if you are the aggressor in the fight, you may plead self-defense if:
- you make a good faith effort to stop fighting and clearly indicate that you are trying to do so (but the other party doesn’t stop fighting), or
- the other party counters your initial non deadly attack with deadly force.
If you have been charged with a violent crime, an experienced attorney can prove that you acted in self-defense and have your charges reduced or dismissed. Call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!