California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. An attacker’s threats, though, must be immediate and a person must use no more force than is reasonably necessary to thwart the attack. But what if someone starts a fight? Can he claim self-defense as a legal defense against criminal charges?
1. What is self-defense?
Self-defense is a type of legal defense that an accused may use to negate a criminal charge.
A defendant is said to have legally acted in self-defense under California state law if he/she:
- reasonably believed that he/she was in “imminent danger” of suffering bodily injury,
- reasonably believed that the immediate use of force was necessary to defend against that reasonable fear of imminent peril, and
- used no more force than was reasonably necessary to defend against that danger.1
Self-defense serves as a legal defense to many criminal offenses, including:
- murder, under Penal Code 187 PC,
- domestic battery, under Penal Code 243e1 PC, and
- assault, under Penal Code 240 PC.
2. Can an aggressor claim self-defense?
Maybe. Consider, for example, the scenario where Sam walks up and starts punching Robbie. Robbie starts hitting back. Sam continues his attack, claiming now that he’s defending himself. Can he do this?
Well, first of all, Sam’s initial attack was clearly not self-defense. He could likely get prosecuted for assault and battery for his initial acts. But once Robbie starts fighting back, does the defense of self-defense kick in?
California law allows self-defense by an aggressor, but only if two conditions are met. First, Sam must actually and in good faith try to stop fighting. Second, he must communicate to Robbie that he wants to stop (or has stopped) fighting.
If Sam does both of these and Robbie continues to fight, Sam can now fight back in lawful self-defense.In the end, however, the system defers to prosecutors, judges, and juries to determine whether a use of force or violence was justified by analyzing all of the facts of a case. While California self-defense law provides guidance in the form of rules and conditions, common sense and moral judgment will ultimately be the deciding factors. (Also see our article, Is Cyber-harassment a crime in California?
Legal References:
- CALCRIM No.3470. Criminal jury instructions. See also People v. Humphrey (1996) 13 Cal.4th 1073.