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    California Self-defense Laws – When Can I Legally Use Force?

    Updated

    Winning a criminal trial based on self-defense

    Here are five key things to know about California self-defense laws:

    1. You can use proportional force when you reasonably believe that you are in imminent danger of physical harm and force is necessary to stop it.
    2. You can use deadly force if you reasonably believe it is necessary to stop an imminent danger of death or serious injury.
    3. California is a stand-your-ground state, so there is no duty to retreat from a fight even if you could have easily escaped.
    4. Under California’s Castle Doctrine, you can use deadly force against an intruder who breaks into your home.
    5. California’s self-defense laws apply to defending yourself, other people, and your property.

    Self-defense serves as a legal defense to many criminal offenses, including:

    Our California criminal defense attorneys will answer the following frequently asked questions about our state’s self-defense laws.

    Man legally defending himself from gunman who poses an imminent threat.

    It is lawful to act in self-defense when being attacked, robbed, or otherwise assaulted in California.

    1. What is self-defense?

    Self-defense is a type of affirmative defense that asserts that:

    1. you used force or violence against someone else, but
    2. did so to protect yourself, your property, or another person.

    In using an affirmative defense, you essentially:

    • admit that you broke the law,
    • but that it was justifiable under the circumstances.

    2. When can it be used as a legal defense?

    You legally acted in self-defense under California state law if:

    1. you reasonably believed that you were in “imminent danger” of suffering bodily injury,1 and
    2. you reasonably believed that the immediate use of force was necessary to defend against that reasonable fear of imminent peril,2 and
    3. you used no more force than was reasonably necessary to defend against that danger.3

    California is a “stand your ground state.” Therefore you do not have to retreat, or run away, in order to lawfully claim self-defense – even if safety could have been achieved by retreating.4

    If you were the aggressor, you can assert self-defense only if:

    1. you made a good faith effort to stop fighting and indicated this to the other person, or
    2. you initially attacked with non-deadly force, and the other person responded with deadly force.5

    3. What about defense of others and property?

    The following must be true for defense of others to work as a defense:

    1. you reasonably believed that the other person was in imminent danger,
    2. you reasonably believed you needed to use force to prevent the danger, and
    3. you used no more force than necessary.6

    The following must be true for defense of property to work as a defense:

    1. there was an imminent threat of harm to your property, and
    2. you used reasonable force to defend your property.7
    Homeowner with gun hearing two burglars in his room. The homeowner has no duty to retreat under the Castle Doctrine.

    There is no duty to retreat if you confront an intruder inside your home

    4. What is the Castle Doctrine?

    Under California’s Castle Doctrine, there is no duty to retreat from an intruder in your home. You can confront them and chase them away.

    The Castle Doctrine even allows you to use deadly force inside your home when an intruder uses force to break in. Under Penal Code 198.5 PC, you are presumed to have a reasonable fear of imminent harm when someone breaks into your home.8

    5. Can I use deadly force in self-defense?

    In California, you are legally justified in using deadly force in self-defense under certain circumstances:

    1. you reasonably believed that you, or someone else, was in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible and atrocious crime, and
    2. you reasonably believed that you needed to use deadly force to prevent the danger from happening, and
    3. you used no more force than was reasonably necessary to keep the harm from occurring.9

    Note that you can use deadly force in self-defense even if you were the original aggressor. This is provided you tried (but ultimately failed) to end the fight.10

    5.1. Can police use deadly force?

    Yes, but only if deadly force is necessary. Courts consider not only the officer’s actions but also the victim’s actions before the deadly blow. If police kill unnecessarily, they can face criminal charges.11

    6. California self-defense law applied to specific crimes

    6.1. Battery, Penal Code 242 PC

    Battery is the unlawful touching of another person. California’s self-defense laws allow you to act in self-defense of a battery if you believe you are in imminent danger, even if you do not fear imminent bodily harm.12

    6.2. Resisting arrest, Penal Code 148 PC

    Resisting arrest is when you resist, delay, or obstruct an officer while they are performing their official duties.

    You will not be convicted of this crime if you acted in defense of yourself to an unlawful police procedure. Further, you will not be charged if you resisted against excessive force.13

    6.3. Domestic violence

    California domestic violence laws make it a California crime to harm, or threaten to harm, an intimate partner. Common charges include:

    Self-defense in these situations is justified when there is imminent danger, and the force used in response to the assailant is reasonable.14

    6.4. Murder, Penal Code 187 PC

    Murder is the intentional killing of another with malice aforethought, defined as

    • an unlawful intention to kill or
    • acting with a reckless disregard for human life.

    If you are in imminent danger of being killed, you may take whatever measures that are necessary to prevent the killing. Deadly force is obviously expected and will be excused if reasonable and not excessive to prevent harm.

    Imperfect self-defense

    California’s Flannel Doctrine – also referred to as “imperfect self-defense” – applies when you kill another person based on an honest but unreasonable belief in the need to use deadly force in self-defense.

    To go into effect, the Flannel Doctrine requires a showing that:

    1. you believed that you were in imminent peril of being killed or suffering great bodily injury,
    2. you believed that the immediate use of deadly force was necessary to defend yourself, and
    3. at least one of these beliefs was unreasonable.15

    For representation with a criminal defense case…

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    Contact us for help. We investigate, negotiate, and litigate your case in pursuit of the best resolution possible.

    For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. Our California criminal defense lawyers offer consultations. Also see our article on 5 legal self-defense weapons in California.

    For a similar topic under Nevada law, please see our article on: “Nevada Self-defense Laws.”

    For a similar topic under Colorado law, please see our article on: “Colorado Self-Defense & Make My Day Laws.”

    Legal References:

    1. People v. Aris (1989) 215 Cal.App.3d 1178. A danger is considered imminent when there is an immediate or present threat. This is when a threat is happening right before you. An imminent danger cannot relate to something that may or may not happen in the future.
    2. CALCRIM No. 3470. See also People v. Humphrey, supra; and, People v. Clark (1982) 130 Cal.App.3d 371. CALCRIM No. 3470. See also People v. Pena (1984) 151 Cal.App.3d 462; and, People v. Minifie (1996) 13 Cal.4th 1055. Whether a belief is objectively reasonable is a “question of fact” for the judge or jury, who must consider: all of the circumstances that were known to you, and how a reasonable person would react in the same situation. Note that when determining reasonableness, a judge or jury can consider whether you knew that the person you fought back against threatened or harmed another in the past. Also note that people who experience mental health issues may encounter challenges in convincing others that their belief about an imminent danger is justified. For example, someone who hears voices or suffers from extreme paranoia might act to defend themselves and harm others. However, a rational person under similar circumstances may not perceive any threat at all.
    3. CALCRIM No. 3470. Criminal jury instructions. See also People v. Humphrey (1996) 13 Cal.4th 1073 for more on California self-defense laws. See also People v. Pineda (2022) 13 Cal. 5th 186. CALCRIM No. 3470. If you used more force than was proportionate, you did not act in lawful defense of yourself. Someone who has been threatened or harmed by a person in the past is justified in acting more quickly or taking greater self-defense measures against that person.
    4. CALCRIM No. 3470. See also People v. Hughes (1951) 107 Cal.App.2d 487; and, People v. Hatchett (1942) 56 Cal.App.2d 20 for more on stand your ground laws. Example: A drunk bar patron with brass knuckles approaches Nick and tells him he is going to “crush him” if he does not leave. Here, Nick can stand his ground and use force even though he could easily leave the bar and walk away from the harm.
    5. CALCRIM 3471 Mutual Combat or Initial Aggressor. Example: Greg picks a fight by pushing Tom, who responds by stabbing Greg. Here, Greg can probably pull out a gun and shoot Tom in self-defense since Tom “upgraded” the fight by using deadly force with the stab.
    6. CALCRIM 505 – Justifiable Homicide.
    7. CALCRIM 3476 – Right to Defend Real or Personal Property
    8. California Penal Code 198.5 PC. Example: In the middle of the night, a burglar shatters John’s windows and enters the living room. John can legally fire his handgun at the burglar in self-defense or in defense of someone else in his home even if the burglar had no intent to kill anyone.
    9. CALCRIM 505. See also William English, 2021 National Firearms Survey, Georgetown McDonough School of Business Research Paper No. 3887145 (July 16, 2021)(“Consistent with other recent survey research, the survey finds an overall rate of adult firearm ownership of 31.9%, suggesting that in excess of 81.4 million Americans aged 18 and over own firearms. The survey further finds that approximately a third of gun owners (31.1%) have used a firearm to defend themselves or their property, often on more than one occasion, and it estimates that guns are used defensively by firearms owners in approximately 1.67 million incidents per year.”). Example: Isabelle is walking home one night when a stranger jumps her, starts fondling her, and says she is going to “enjoy this.” It is likely justifiable self-defense if Isabelle kills him because she feared being raped.
    10. CALCRIM 3471.
    11. California Penal Code 835a; California Assembly Bill 392 (2019); Anita Chabria, “Newsom signs ‘Stephon Clark’s Law,’ setting new rules on police use of force“, Los Angeles Times, (August 19, 2019).
    12. People v. Myers, (1998) 61 Cal.App.4th 328. CALCRIM No. 3470. People v. Mathews, (1979) 91 Cal.App.3d 1018. The slightest touching can be unlawful if it is done in a rude or angry way. The touching does not even have to cause pain or injury for you to act in self-defense. Note also that the legal doctrine of “transferred intent” applies in California self-defense/battery cases. This doctrine says that: if you defend against a battery and accidentally injure a third party, you will not be prosecuted for that injury.
    13. Note though that you will be charged in California under PC 148 if an officer used excessive force in response to your unjustified resistance.
    14. The typical situation is when one spouse threatens to harm, or does harm, the other spouse, and the first party uses force in response. Self-defense is also used to protect children from harm by a spouse.
    15. People v. Por Ye Her (2010) 181 Cal.App.4th 349. See also People v. Thomas (2023) 14 Cal. 5th 327. Imperfect self-defense is not really a defense per se, although it applies like a partial defense. A jury finding that you acted in imperfect self-defense results in a charge being reduced from murder (with a possible life in prison sentence)to voluntary manslaughter (which carries three to eleven years in prison).

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