California Criminal Defense, Cryptocurrency, Immigration And Personal Injury Legal Blog

Contact Us For Your Free Consultation

Is it legal to defend yourself through violence?

Posted by Bulldog Law | Jul 20, 2022 | 0 Comments

You abhor violence and have never been in a fight in your life. One day, you are attacked on the street and you felt you have no choice other than to defend yourself with force.

You've been charged for this and feel that it is greatly unjustified. Is it legal to defend yourself through violence in California?

Did you reasonably believe there was a threat?

In order to apply the doctrine of self-defense, the individual must have reasonably believed that there was a threat to their safety. For instance, if a person approached you and simply asked for directions, it would not be reasonable to believe that a threat existed. However, if a person approached you and demanded that you hand over your money, and proceeded to try and grab you, it would be reasonable to believe that you were under threat. The courts will essentially ask themselves whether any reasonable person would have felt the same way as you under the specific circumstances.

Was the threat imminent?

It is not enough to show that there was a legitimate threat, the threat must also be immediately present. For instance, if someone called you and said they were going to attack you tomorrow, it would not be self-defense to attend their house and use violence against them. However, if that same person is coming after you, and they have taken a swing, this would be an imminent threat.

Was the force minimal?

If someone shoved you and your response was to severely beat them, this would be a disproportionate amount of force. The amount of force used must be the lowest amount necessary under the circumstances.

In California, there is no duty to retreat and you do have a right to defend yourself. If you're facing charges for actions that you believe were justified through self-defense, contacting an experienced criminal defense attorney in California will be in your best interests.

Schedule a Free Consultation

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

We offer criminal defense, immigration, personal injury and cryptocurrency legal services in both English and Spanish. Call us at 800-787-1930 for a free consultation.

Contact [ME/US] Today

[LAW FIRM NAME] is committed to answering your questions about [PRACTICE AREA] law issues in [CITY/STATE]. [[I/WE] OFFER A FREE CONSULTATION] and [I'LL/WE'LL] gladly discuss your case with you at your convenience. Contact [ME/US] today to schedule an appointment.