If you have been charged with assault or even murder, self-defense is one of the most important legal protections available to Californians. Whether you are in your home, on the street, or protecting someone else, knowing when and how you can legally defend yourself is essential. California law recognizes that people should not have to suffer harm at the hands of others, but it also sets clear limits on the use of force. This blog will break down how self-defense works in California, the legal standards courts use, and common questions people have about these laws.
What is Self-Defense Under California Law?
In simple terms, self-defense allows you to use reasonable force to protect yourself or someone else from imminent harm. California law justifies self-defense if:
- You reasonably believe that you or another person are in imminent danger of suffering bodily injury or being unlawfully touched.
- You reasonably believe that the immediate use of force is necessary to defend against that danger.
- You use no more force than necessary to defend yourself.
This means the law balances your right to protect yourself with society’s interest in preventing unnecessary violence.
The Role of “Reasonableness”
A key element in any self-defense case is reasonableness. The law does not require you to be correct about the danger — only that your belief was reasonable under the circumstances. For example, if someone makes a threatening move that causes you to reasonably fear an attack, you may be justified in defending yourself, even if it turns out the person wasn’t actually going to harm you.
However, if your response goes beyond what a reasonable person would consider necessary, you may lose the protection of self-defense. For instance, using deadly force in response to a minor shove would not be considered reasonable.
The “Castle Doctrine” in California
California also follows the Castle Doctrine, which provides stronger protections when defending yourself at home. Under California Penal Code §198.5, if someone unlawfully and forcibly enters your home, the law presumes that you reasonably feared imminent harm. This presumption makes it easier to justify the use of deadly force inside your home, though the force must still be proportional to the threat.
Unlike some states, California does not have a specific “Stand Your Ground” statute. Instead, California courts have recognized through case law that you have no duty to retreat when facing a threat. This means you are not legally required to run away before using force to protect yourself, as long as you are in a place where you have a legal right to be.
This principle is often misunderstood. While you don’t have to retreat, your use of force must still be reasonable and necessary under the circumstances
Defending Others
California law extends the right of self-defense to the defense of others. If you reasonably believe another person is in imminent danger, you can step in to protect them, using the same standards that apply to defending yourself.
Deadly Force in Self-Defense
Deadly force is only justified when you reasonably believe it is necessary to prevent:
- Imminent death,
- Great bodily injury, or
- The commission of a forcible and atrocious crime (such as rape, robbery, or mayhem).
Using deadly force against minor threats — such as verbal insults or non-violent trespassing — is not justified under California law.
Common Misconceptions About Self-Defense
- “I can use any force if someone trespasses.” Not true. Trespassing alone does not justify deadly force.
- “If someone hits me, I can hit back harder.” Only reasonable, proportional force is allowed.
- “I’m safe if I thought I was in danger.” Your belief must be both honest and reasonable.
Self-Defense and Criminal Charges
Even if you believe you acted in self-defense, you may still face arrest and criminal charges. The prosecution has the burden of proving beyond a reasonable doubt that you did not act in lawful self-defense. Courts often look closely at evidence such as witness testimony, surveillance footage, and the extent of injuries to decide whether your actions were justified.
At Humphrey & Thompson, we understand how stressful and overwhelming it can be to face criminal charges, even when you were simply trying to protect yourself or someone you love. Our team has the knowledge and experience to carefully evaluate the facts, build a strong defense, and present clear evidence of your right to act in self-defense. We work closely with our clients every step of the way, ensuring that your voice is heard and your rights are fully protected. If you’re navigating a self-defense case, you don’t have to face it alone — let us fight for you.
If you’re confronting criminal charges after defending yourself in Bakersfield, there’s no need to face it alone. Reach out to Humphrey & Thompson at (661) 760-7678 to get the guidance and support you need as you plan your next step.
