Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating. Under California’s self-defense law, you act in lawful self-defense or defense of others if:
- you reasonably believe that you, or another person, are in imminent danger of being harmed;
- you reasonably believe that the immediate use of force is necessary to defend against that danger; and
- you use no more force than is reasonably necessary to defend against that danger.1
The reasonable fear of imminent peril must be immediate and present.2 You are entitled to use only that amount of force that a reasonable person would believe is necessary in the same situation.
To decide whether your beliefs are reasonable, all of the circumstances as they are known to and appeared to you are considered and compared to what a reasonable person in a similar situation with similar knowledge would have believed.3
| CALIFORNIA LAW | Stand your ground in public | Stand your ground at home (“castle doctrine”) |
| Definition | You can defend yourself or others with proportional force if you reasonably fear imminent bodily harm | You can use lethal force to defend your home from intruders |
| Maximum force allowed | Proportional force (which can include lethal force) | Lethal force |
| Basis in law | Case law and jury instructions | Penal Code 198.5 PC |
| Duty to retreat? | No | No |
Can I use deadly force to defend myself in California?
Yes, under very limited circumstances, you can use deadly force or violence in California (“justifiable homicide“) to protect yourself or others from harm. This is known as an affirmative defense to murder charges, voluntary manslaughter charges, or charges for violent crimes.4
A California criminal jury instruction states that you acted in lawful self-defense if you reasonably believed that:
- there was an imminent danger of being killed or suffering great bodily injury;5
- the immediate use of deadly force was necessary to defend against that danger; and
- you used no more force than was reasonably necessary to defend against that danger.6
An imminent danger is one that must be instantly dealt with. An example is having a deadly weapon such as a gun being pointed at your head.7
Further, there is no duty to retreat, even if you could safely flee.8
Can I use force to defend personal property in California?
Yes, you may use reasonable force to protect your property from imminent harm. 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.9
The use of deadly force in protecting property is authorized in the following circumstances:
- In defense of habitation or property against one who intends, by violence or surprise, to commit a felony; or
- When committed in defense of habitation or property against one who tries to enter in a violent manner to commit violence on someone inside.10
Can I use force to evict a trespasser from my property in California?
Yes. If the trespasser does not leave after your request to leave – and it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants – you may use reasonable force to make the trespasser leave.
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.11
What is the difference between Stand your Ground laws and the Castle Doctrine?
The 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.12
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.
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
- CALCRIM 3470. People v. Hughes (1951) 107 Cal.App.2d 487; People v. Hatchett (1942) 56 Cal.App.2d 20.
- See People v. Humphrey (1996) 13 Cal.4th 1073.
- People v. Horn (2021) 63 Cal.App.5th 672.
- See People v. Trevino (, 1988) .
- California Penal Code 12022.7 PC.
- CALCRIM 505.
- See People v. Lopez (2011) .
- See note 5.
- CALCRIM 3476.
- See People v. Chen (, 2020) .
- CALCRIM 3475.
- California Penal Code 198.5 PC.
