Is California a “stand your ground” state? Here is the Law

California law lets you “stand your ground” and defend yourself and others without retreating if the following three things are true:

1. you reasonably believe that you or another person are in imminent danger of being harmed; and
2. you reasonably believe that the immediate use of force is necessary to defend against that danger; and
3. you use no more force than is reasonably necessary to defend against that danger.¹

Therefore if someone is being violent towards you, you can stand your ground and fight back with proportional force. As long as the above three elements are met, you have a solid defense against assault or battery charges.

If the “imminent danger” you are facing is fatal or could cause great bodily injury (such as by having a gun pointed at your head), you can fight back with deadly force. This is called justifiable homicide, and it is a defense to murder and manslaughter charges.²

To decide whether you acted reasonably by standing your ground and fighting, courts consider all of the circumstances as they were known and appeared to you. Courts then compare that to what a reasonable person in a similar situation with similar knowledge would have believed.³

In any event, you have no duty to retreat from a fight you did not start, even if you could safely flee.

Self-defense is lawful as long as you fight back with proportional force.

Exceptions to Stand Your Ground

California law does not permit you to stand your ground and fight back if either:

• You started the fight; or
• You were trespassing at the time; or
• You were committing an illegal activity at the time (such as dealing drugs).

In these situations, you should retreat if possible. Otherwise, you face being charged with a violent crime.⁴

You cannot stand your ground in self-defense in California if you started the fight.

Can I use force to defend property?

Yes, you may use reasonable force to protect your property from imminent harm in California. You may also use reasonable force to protect the property of a family member or guest from immediate harm.

“Reasonable force” means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.⁵

Under California “Castle Doctrine,” you generally can kill or injure intruders in your home if the following three conditions are met:

1. The intruder unlawfully and forcibly enters or attempts to enter your residence;
2. You reasonably believed that the intruder unlawfully and forcibly entered or was entering your residence; and
3. The intruder was not a member of your household or family.

Therefore, California law presumes you have a reasonable fear of imminent peril or death when the above three conditions have been met. You do not need to prove that the intruder was armed, attacked anyone, or made any threats.⁶

The Castle Doctrine generally allows you to kill intruders in your home.

Can I use force to evict a trespasser?

Yes, California law allows you to use reasonable force to make a trespasser leave if:

• the trespasser does not leave your property after you request they leave, and
• it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants.

“Reasonable force” means the amount of force that a reasonable person in the same situation would believe is necessary to make the trespasser leave.

If the trespasser resists, you may increase the amount of force you use in proportion to:

• the force used by the trespasser and
• the threat the trespasser poses to the property.⁷

You can use force against trespassers in California who pose a threat and who refuse to leave.

Stand Your Ground vs. Castle Doctrine

California’s stand your ground laws apply to anywhere you are legally allowed to be. The Castle Doctrine applies only when an intruder comes into your home whom you believe is an imminent threat.⁸

Also, the stand your ground laws require you to use proportional force (which may include lethal force in some circumstances). The Castle Doctrine permits you to use lethal force against home intruders you reasonably believe are a threat, even if they are unarmed.

For further discussion, see our article on the difference between the castle doctrine and stand your ground law and the following table:

Additional Reading

For more in-depth information, refer to these scholarly articles:

• No Ground on Which to Stand: Revise Stand Your Ground Laws So Survivors of Domestic Violence Are No Longer Incarcerated for Defending Their Lives – Berkeley Journal of Gender Law & Justice.
• No Retreat: The Impact of Stand Your Ground Laws on Violent Crime – Criminal Justice Review.
• Shoot to Kill: A Critical Look at Stand Your Ground Laws – University of Miami Law Review.
• From Threat to Victim: Why Stand Your Ground Laws Are Inherently Prejudiced and Do Nother to Further Justice – Hastings Race and Policy Law Journal.
• The Distraction That Is Stand Your Ground – Florida International University Law Review.

Legal References