Murder and other violent crimes are typically charged as serious felonies. However, there are exceptions to this rule wherein a defendant may have been justified in the use of deadly force. This type of legal defense is known as “self-defense.” States differ on what they consider appropriate use of force and when it is reasonable to use force, including firearms, to protect yourself.
If you use a firearm as a means of self-defense in California, you may be found not guilty if your conduct is decided to have been “reasonable under the circumstances.” At Simmrin Law Group, our Los Angeles weapons charges lawyers explain how California defines self-defense when using a firearm.
What Is Self-Defense?
Self-defense is a legal strategy that asserts a defendant acted in a manner consistent with protecting themselves, another person, or their property against bodily injury attempted by another. Judicial Council of California Criminal Jury Instructions § 3470 allow defendants to use self-defense to justify their actions when charged with certain violent offenses in a criminal trial. If self-defense is proven through the evidence, a jury could acquit a defendant based on the belief that their actions were justifiable under the circumstances.
What Is a Firearm?
According to California Law, a firearm is “a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.” Typical firearms include handguns, pistols, revolvers, rifles, and shotguns.
What Kind of Conduct Is Considered Reasonable Under the Circumstances?
For conduct to be considered “reasonable under the circumstances,” it must meet certain criteria. This includes:
- You reasonably believed you were at risk of imminent harm of being killed or injured
- You reasonably felt you needed to use force to stop this imminent threat
- You did not use more force than necessary to control the situation
Consider the following example: An armed robber breaks into your house and points his gun at you. You pull out your gun and shoot him before he can shoot you, killing him. In this situation, you would be found not guilty of murder because you reasonably believed you were in imminent danger of bodily injury and reacted by using deadly force responsibly.
What Is Imminent Danger?
Self-defense can be a legitimate argument as long as you reasonably believe you were in imminent danger at the time of the incident. A danger is considered “imminent” when it is at hand or immediate, such as when it occurs in an individual’s presence. An imminent danger is not a prospective threat of action that may or may not happen in the future.
What Is Reasonable Belief in a Threat?
Self-defense is an affirmative defense that can be used as an excuse when you have good cause to believe a threat exists. This belief does not necessarily need to be accurate, just reasonable.
When making this determination, a jury will consider whether a reasonable person would have come to the same conclusion as you in a similar situation. For example, if someone walks into your small business holding a gun, you would have a reasonable belief that you are in danger.
What Is Justifiable Force?
People acting in self-defense are expected to use appropriate force as needed to stop a perceived danger. For example, if a person threatened to slap you, shooting them with a firearm would surpass the level of force required to avert the threat.
What Is Deadly Force?
Deadly force, including firearm use, may be excusable if you reasonably believed you were in immediate danger of being severely injured or killed. Moreover, if you are threatened with significant bodily injury or death, the use of lethal force may be legally justifiable.
What Is Imperfect Self-Defense?
Imperfect self-defense is a legal concept that takes into account a person’s subjective beliefs and perceptions during an altercation, even if those beliefs are not entirely reasonable.
It applies when someone genuinely felt:
- They were in imminent danger of bodily harm or death, or
- Using force was necessary to protect themselves.
However, an objective assessment shows that at least one of those perceptions was unreasonable and not how a typical person would react in the same situation.
So, in some cases, you may be able to reduce the severity of the charges you are facing by claiming imperfect self-defense. For example, instead of spending life in prison for murder, the accused can be convicted of voluntary manslaughter and receive a sentence of no more than 11 years.
Does This Mean a Person Can Use a Firearm to Protect Their Home?
Under California Penal Code (PC) §198.5, yes, you can use a firearm to protect your home if you reasonably fear impending danger. The law protects you in cases where:
- You know or are given reason to believe that the intruder entered your home illegally.
- You have a reasonable fear of death from the intruder harming you, your family, or another member of your household.
- Neither you nor anyone else in your home provoked the intruder in any way.
If a policeman needs to enter your home as part of their official duties, their entry would be considered legal. This differs from a situation where an intruder forces entry specifically to steal property or physically harm the occupants.
Given that an on-duty officer’s entrance is lawful conduct as part of their job, using deadly force like shooting the police officer simply for entering could not be justified as self-defense.
If the Attacker Lowers His Gun, But I Shoot Him Anyway Out of Fear, Is This Self-Defense?
If your attacker withdraws from the situation or is injured or otherwise incapable of hurting you, then you are acting unreasonably if you use deadly force against them. Again, an experienced criminal defense attorney in California can help you understand your rights in this type of situation.
When Is Self-Defense Considered an Acceptable Legal Defense?
There are several crimes for which self-defense can be considered a legitimate legal defense in California. Some of the more serious crimes include murder, manslaughter, assault with a deadly weapon, and aggravated battery. Others include domestic abuse, domestic battery, and simple assault.
If I Start a Fight and it Escalates, Can I Still Claim Self-Defense?
This situation is tricky. It depends on the circumstances. A person who starts a fight can still claim self-defense if:
- They try in good faith to stop the fight
- They, state or otherwise, make it clear to the other party that they want to stop fighting and then stop fighting.
- They give the other party the opportunity to end the fight.
They were forced to defend themselves accordingly when the other person escalated the physical conflict by unjustifiably using deadly force. However, a person cannot claim self-defense if they deliberately start a fight as an excuse to use force against the other person.
Is California a ‘Stand Your Ground’ State?
No. However, California does subscribe to the “castle doctrine,” which is similar. Under the castle doctrine, a person is entitled to use deadly force to protect their home or workplace, so long as they act reasonably under the circumstances. For example, small business owners are permitted to carry a gun in some circumstances.
The castle doctrine is like “stand your ground” in that you do not have to attempt to escape before you act. However, once you leave your property, you forfeit the rights that would have been afforded to you under the castle doctrine.
In true “stand your ground” states, your location does not matter. If someone attacks or threatens you, you are not required to attempt to escape the situation before you act. Wherever you are, you are allowed to stand your ground. However, in California, you can only fight without attempting to retreat when defending your property.
What Evidence Can Prove Your Actions Were Self-Defense?
If your lawyer asserts a self-defense argument in a firearm case, certain types of evidence may help demonstrate you reasonably feared harm or death. This evidence includes:
- Witness statements: Testimony from people who saw the encounter can corroborate that the other party was the initial aggressor, and you responded proportionately without excessive force.
- Injuries: Visible wounds, bruising, or torn clothing on your body may show the other person attacked you first, establishing you were not the instigator.
- Crime scene photos: Pictures of the location, positions of bodies or weapons, damaged property, or other details could support a reconstruction proving your assertion of feared danger.
- 911 call recordings: If you phoned emergency services afterward, the recording might capture audio detailing the threat you faced in real time near the incident.
- Medical records: Documentation of any injuries you sustained, especially near-fatal wounds, helps justify believing lethal force became necessary for protection.
If your lawyer is able to prove that your actions were legal self-defense, you may avoid criminal charges.
Learn More by Speaking to a Criminal Defense Lawyer Today
Do you have a case you would like to discuss with a Los Angeles criminal defense attorney to see if it qualifies as self-defense? At Simmrin Law Group, we have helped countless people build self-defense cases to protect them against unjust charges. The state of California defines certain conduct as self-defense when using a firearm. Find out what constitutes self-defense with a firearm under state law.
Contact us to schedule a free, no-obligation consultation today. A team member will review the facts of your case, answer any questions you may have, and advise you on your legal options.