The “Castle Doctrine” of California (also known as the “Stand Your Ground” policy) relates to §198.5 of the California Penal Code. California is not a “Stand Your Ground” state, but its Castle Doctrine is nearly identical to the ones in other states. The state’s policy generally protects people who are at home, or “castle,” which extends to their workplaces or other properties.
A criminal defense lawyer serving Los Angeles can answer any questions you have about California’s Castle Doctrine and when you stand your ground. If an intruder causes reasonable fear and you defend yourself against them but are arrested, take legal action. Your lawyer could help you build a self-defense argument that will resonate with the court.
What is the Castle Doctrine of California Exactly?
The California Penal Code Section 198.5 states that you are within your right to use deadly force in your home if you have reasonable fear.
For instance, an armed intruder forces their way into your home and points a gun at you. At this point, you are in imminent danger and legally permitted under the Castle Doctrine to use deadly force to protect yourself, your family, and your home.
However, just because you can use this as a legal defense against intruders does not necessarily mean a jury will see it that way. If you are the defendant in a court case and want to use the Castle Doctrine as a defense, hire an experienced criminal defense attorney. From here, your lawyer can guide you through your legal proceedings.
There are times when you should hire a lawyer prior to being arrested if you suspect you will be arrested. If you believe you could be arrested or have already been charged with causing bodily injury to an intruder, a lawyer can assist. Your attorney can teach you about ground laws and other legal topics and look for ways to contest the charge against you.
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What Does ‘Stand Your Ground’ Mean?
“Stand your ground” refers to a legal principle. Based on this, you can use reasonable force to protect yourself if you are in imminent danger. This force allows you to avoid retreating from a fight and, instead, protect yourself, others, and your property.
With this legal principle, you have the right to defend yourself if you face imminent danger of being hurt or killed. This danger requires an instant response. As an example, if someone points a gun at you, there may be only a few seconds to defend yourself before you or others could be harmed.
The principle brings into focus reasonable force, which is considered the amount of resistance required to make an intruder go away. A court can review your stand-your-ground case and determine what is reasonable force. In your case, your attorney can develop an argument that shows you acted the way you did based on the threat level you faced.
Does California’s Castle Doctrine Apply to Self-Defense While Not at Home?
The Castle Doctrine has no impact on self-defense against intruders while not at home. Suppose you’re at work when someone puts you in a situation wherein you feel reasonably threatened to use deadly force. California law would classify this situation as a “justifiable homicide.”
Ultimately, a jury may find you innocent of the crimes of assault, homicide, or other similar charges. For example, you reasonably believed there was a possibility that you could be hurt or killed, and the only way to stop this from happening was to use force against the other person. You may also not be charged if you did not use excessive force to stop a threat.
Under California law, you are not required to run away from a dangerous situation before attempting to defend yourself. Some states argue that you should try to escape from intruders or “retreat.” In California, you are still protected under the law if your attacker chases you as long as you attempt to neutralize the threat.
Can You Use Deadly Force to Protect Personal Property in California?
If someone enters your premises without your consent, it is reasonable for there to be a presumption of fear. Alternatively, if you want to defend your property or occupants, you are legally allowed only to use enough force to prevent harm. If a court finds there was a threat of harm and you took reasonable measures of protection, you could avoid a criminal conviction.
In California, you are allowed to use deadly force if there are threats of harm that make you believe you could get injured or killed. Per the state’s statutory provisions, you can stand your ground and are not required to retreat from a fight. Meanwhile, based on the Castle Doctrine, you can act with deadly force if someone illegally enters your dwelling.
You may be allowed to use deadly force, but this does not always mean you will be able to avoid a criminal charge. If you are charged with a crime even though you were acting in accordance with California’s Castle Doctrine, have a lawyer help you out. They can prepare a compelling argument that could help prove you were dealing with the fear of injury or death.
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Is Self-Defense a Valid Legal Defense in a Case Where You Faced Imminent Danger?
Self-defense can be used as a legal strategy in a case where someone claims you attacked them even though you were in imminent danger and bodily injury. Your lawyer can evaluate circumstantial evidence defense strategies and many others with you. Here are instances where your attorney could argue you used self-defense to avoid bodily injury and other serious harm.
Murder
You can be charged with murder in California for killing someone in self-defense. In your argument, you must prove that you were in imminent danger and had a reasonable fear of death. Your lawyer can use witness statements and other forms of evidence to support your argument.
Assault with a Deadly Weapon
Someone attacks you using a deadly weapon, and you are concerned you will suffer a significant bodily injury. You face an imminent threat and have to defend yourself from physical injury, and you use a deadly weapon against the person who attacked you. With help from a lawyer, you could argue self-defense and avoid criminal penalties for your actions.
Aggravated Assault or Battery
Your lawyer can teach you about the elements of battery and assault. If someone commits a violent act against you that puts you in danger of bodily injury, you may have to defend yourself to survive. Your lawyer can build a case that shows you faced a high threat level and, without acting the way you did, could have suffered substantial bodily harm.
In a situation where a homicide occurs as you try to protect against bodily harm, consider your legal options carefully. Criminal defense lawyers are familiar with legal presumptions. They will examine your case in depth and help you determine what stand-your-ground defense could help you get the criminal charges against you dismissed.
Should You Hire a Lawyer to Represent You in Your California Castle Doctrine (Stand Your Ground) Case?
When you are staring criminal charges in the face, you need a tough, experienced criminal defense attorney on your side. Your attorney understands California’s self-defense laws and how they apply to your case. They can help you build an argument that shows you faced imminent harm or death, which prompted your actions.
Going through the legal process by yourself can be challenging. If you make a mistake along the way, you could compromise your case. On the other hand, with a criminal defense law firm at your side, you can receive legal advice and guidance at each stage of your litigation.
Your lawyer could show that law enforcement officers violated your legal rights or that you were acting out against a violent intruder who could cause you imminent harm. Regardless of the circumstances of your case, your attorney gives your legal matters their undivided attention. They work diligently to help you achieve your desired case results.
Request Legal Help in Your Stand Your Ground Case
You may have acted in lawful self-defense out of fear or threat of death. Yet, a prosecutor is pursuing violent crime charges against you, and you have no idea what to do next. Fortunately, legal protections are available, and an attorney consultation offers a great starting point to learn more about them.
Simmrin Law Group has assisted thousands of clients and handled over 100 jury trials. Our criminal defense lawyers can help you prepare an affirmative defense to prove that you faced a risk of death or other harm that led to your acts of self-defense. Schedule a consultation with our attorneys.
Call or text (310) 896-2723 or complete a Free Case Evaluation form