Arguing that you acted in self-defense is a viable legal defense for some criminal charges. You have a legal right to protect yourself, your property, or others from imminent danger, which could sometimes require you to engage in illegal behavior or conduct. However, what qualifies as self-defense, and when can you apply self-defense as a legal defense to a criminal charge?

When you bring a self-defense argument at trial, the court will presume that you admit to committing the alleged crime, but only because it was required to protect yourself. In other words, this argument shows the court that if you had not used reasonable force or violence, you or another person could have sustained an injury or died in that incident.

If you are arrested for a particular crime, like assault, but you were acting in self-defense, your attorney can help you challenge the charge to secure a favorable outcome.

Self-Defense Legal Definition

Generally speaking, if you are charged with a crime where self-defense is applicable, your attorney will explore this legal defense and craft arguments to support it at trial. According to the Penal Code (PC) 692-694, the court will consider you to have acted in self-defense if the following facts are true:

  • You reasonably believed that you were at risk of imminent danger of sustaining a severe injury
  • You reasonably believed that using force immediately was necessary to protect yourself against the danger you faced
  • You applied no more violence or force than was reasonably necessary to protect yourself from the threat or danger

In addition to protecting yourself when faced with an imminent threat of bodily injury or death, you can lawfully fight back to defend another person or your property if you:

  • Reasonably believe that they are in imminent danger
  • Reasonably believed that the application of force is necessary to halt the danger
  • Applied no more violence or force than necessary

Self-defense in criminal cases is an affirmative defense, meaning you admit that you committed or engaged in unlawful conduct. However, your actions or conduct were justifiable in that situation. While self-defense is applicable in criminal cases, proving this legal defense is more challenging than you can imagine.

The rule of thumb if you want to secure a favorable outcome when charged with a crime involving self-defense is to retain the services of an attorney. A seasoned attorney will know the conditions you must meet at trial for a jury or judge to accept this legal defense.

Examples of Offenses Where Self-Defense Would be Applicable

How your attorney will apply self-defense to challenge the allegations you are up against will depend on the facts and circumstances of your unique case. Below are examples of specific crimes where the self-defense argument would apply to secure a favorable outcome:

Battery Under PC 242

According to PC 242, you commit the crime of battery when you use illegal violence or force against another person, even if he/she does not sustain an injury or experience pain. Fortunately, with the help of a skilled attorney, you can challenge battery allegations by arguing that you acted in self-defense, meaning your conduct was justifiable to protect yourself from imminent danger.

Resisting Arrest Under PC 148

While it is challenging to prove at trial, your attorney can apply a self-defense argument if you have PC 148 charges. Generally speaking, you cannot apply force to resist a legal police arrest. However, if a police officer uses excessive force or he/she engages in illegal conduct, you can use reasonable force to protect yourself.

This defense argument could work in your favor if your attorney can prove that the arresting officer's actions or conduct were illegal and your response was reasonable and necessary to protect yourself or a loved one from imminent danger.

Murder Under PC 187

Due to the severity of the charges, the court will examine your self-defense argument to see whether it was valid and reasonable in your unique situation. To prove this legal defense, your attorney must prove to the court that you reasonably believed that you were at risk of sustaining a severe bodily injury or being killed. Hence, using deadly force was required and necessary to prevent that danger.

When charged with a murder offense, you can also apply the Flannel Doctrine, also known as “imperfect self-defense,” to challenge the charges. This legal defense could work in your favor if your attorney can prove that you had an honest but unreasonable belief that you or a loved one was in imminent danger and that using deadly force or violence was necessary to protect him/her.

If everything works in your favor to convince the judge that you acted in self-defense, he/she could dismiss the murder charge or reduce your sentence.

Domestic Violence Under PC 13700

Domestic violence laws under the penal code make it illegal to threaten to harm or harm your former or current cohabitant, co-parent, spouse, or intimate partner. The most common charges most people face include:

  • Domestic battery under PC 243(e)(1)
  • Inflicting corporal injury on your intimate partner under PC 273.5

Self-defense is a valid defense argument at trial on either of these charges. As long as your attorney can prove that you experienced an imminent threat and the force you applied in response was reasonable, the court could drop or reduce your charges.

Assault Under PC 240

You commit an assault offense when you illegally attempt to inflict a violent injury on another person, and you have the physical ability to do so. A simple assault offense is punishable as a misdemeanor, carrying a jail time of not more than six months and a fine not exceeding $1,000.

However, with the legal assistance of a skilled attorney, you can avoid these penalties or convince the court to reduce your penalties. A claim of self-defense is one of the legal defenses your attorney could apply to secure a favorable outcome.

If your attorney can provide adequate and clear evidence to prove that you reasonably believed that you or your loved one was at imminent risk of sustaining a severe injury and the amount of force applied was not more than necessary, the court could drop your assault case.

Voluntary Manslaughter Under PC 192

PC 192 defines the crime of voluntary manslaughter as the illegal killing of another person during a heat of passion, a sudden quarrel, or based on an unreasonable belief that you need to defend yourself. If your defense attorney can argue that you genuinely believed that defending yourself was necessary, the judge could dismiss or reduce your PC 192 charge to a lighter offense.

Assault With a Deadly Weapon (ADW) Under PC 245(a)(1)

Also known as aggravated assault, an ADW offense occurs when you attempt or attack another person using a deadly weapon like a knife or gun. Depending on the facts of your case and your criminal record, the court could file the alleged ADW charge as either a felony or a misdemeanor.

At trial, the court could drop or reduce your ADW charges if your attorney can prove that you had a reasonable belief that you were in imminent danger and that appropriate force was necessary to protect yourself from that danger.

Rape Under PC 261

Another violent offense where the use of reasonable force to defend yourself is justifiable is rape. A rape offense occurs when someone uses fraud, threats, or force to have non-consensual sex with someone else. If someone attempts to use force to have non-consensual sex with you, you have a right to use reasonable force to prevent the act.

For example, using pepper spray on a person attempting to rape you or a loved one would be a justifiable self-defense argument when facing assault charges.

The Relationship Between Self-Defense Laws and the Castle Doctrine

According to the Castle Doctrine codified under PC 198.5, when someone is on his/her property (business, real estate, or home), he/she is not obligated to retreat when he/she has an intruder. Under this legal doctrine, you have a right to use deadly force if you believe you or your family member would sustain a severe injury or imminent death. For the sake of this statute, an “intruder” is anybody who is not a member of your household.

Even if the intruder did not have a weapon or attack anyone in your household, this legal defense argument could work in your favor to secure a favorable outcome. However, this legal doctrine will not apply when you leave your residence or property. Also, you cannot use self-defense against a police officer, first responders, or anyone legally allowed to access your property without your consent.

Like all other self-defense laws, whether your attorney will apply the castle doctrine to challenge the allegations you are up against will depend on the facts and circumstances of your unique case.

What Your Attorney Must Prove to Show the Court You Acted in Self-Defense

For a self-defense argument to work in your favor at trial, your attorney must prove the force you applied against the person was justifiable. The term “justifiable” is where the applicability of self-defense is questioned at trial and whether your actions were necessary at that moment. The key conditions under which you can apply force for self-defense include:

  • When you are in imminent threat or danger of bodily injury or death
  • You had a reasonable belief that the danger would occur

Below is a brief explanation of key terms your defense attorney must establish at trial to successfully prove that you acted in self-defense:

  1. Imminent Danger

The self-defense argument is more likely to work in your favor if your attorney can prove that you had a genuine or reasonable belief that you were in imminent danger. A danger or threat is imminent if it is a present or immediate threat.

That means the danger or threat cannot be something you fear will occur in the future. In other words, your attorney must prove that you anticipated the threat would occur immediately. For example, when a person charges at you while holding an axe, the court could consider that threat imminent. However, if a person brandished an axe across a hall with other people, the court would not consider that imminent.

  1. Reasonable Belief

A claim of self-defense in a criminal case is only valid and viable if your attorney can prove that you had reasonable belief a danger exists. When determining whether your belief was reasonable, your attorney will consider what a reasonable sober individual would have believed if he/she were in your shoes. If that person would have acted similarly, the court would consider your behavior reasonable.

It was worth noting that your belief about the danger should be correct. What matters when proving your self-defense argument is that your belief was honest and reasonable.

For example, if you are seated in your car in a parking lot at night and you see a man rushing towards you aggressively while reaching into his jacket pocket as if he/she wants to take out a lethal weapon. Even if it turns out that the person was unarmed, when you believe you are in imminent danger based on the environment and his/her actions, your application of force or violence could be justified.

  1. Proportionate Force

When defending yourself, you can use the force necessary to prevent or stop the danger. Your conduct would only be justifiable if your attorney can prove that the force you applied was proportionate to the danger.

For example, when a person threatens to punch you on the nose, firing your gun and killing the person would exceed the reasonable amount of force or violence necessary to defend yourself in that situation. Hence, the self-defense argument would not be applicable in that situation.

However, if the attacker had previously attempted to attack you, using more force or violence than would ordinarily be required could be justifiable in that situation.

Frequently Asked Questions About Self-Defense Argument in Criminal Cases

Whether you have pending charges or are just interested in understanding how a self-defense argument will apply in a criminal case, it is natural to ask yourself some questions, which is understandable. Below are some of the most common questions most people ask about the application of self-defense in a criminal case:

  1. Can I Assert a Self-defense Argument if I Started the Fight?

A claim of self-defense is only a valid legal defense if you were not the initial aggressor, meaning you were simply reacting to someone else's dangerous or aggressive behavior. If the prosecutor can prove that you initiated the fight, a claim of self-defense would not be an excellent way to challenge the allegations you are up against.

However, your attorney could successfully apply this legal defense argument in your case if any of the following facts are true:

  • You made a sincere effort to end the fight after making it apparent that you wanted to
  • In response to a non-deadly force, the other individual used a deadly force against you

  1. Can I Defend Myself When an Intruder Breaks into My Home?

When you are in your home or residence, you have a legal right to be free from threats of harm or danger. If a person breaks into your residence or home, this right becomes infringed. Fortunately, under the Castle Doctrine, you have a legal right to apply deadly force or violence to protect yourself and your loved ones in that situation.

Specifically, PC 198.5 explains that a reasonable fear of severe bodily injury or death is presumed when:

  • An intruder (a person who is not a member of your family) forcibly breaks into your residence or home
  • You were aware of the break-in

In this situation, your response to prevent the intruder from injuring you would be justifiable even if you injured or killed the person.

  1. Which Weapons Can I Use Lawfully to Defend Myself?

Generally speaking, as a rule of thumb, any weapon you are lawfully allowed to possess as a civilian can be used when defending yourself (self-defense). Examples of lawful self-defense weapons include:

  • Tasers and stun guns
  • Pepper spray
  • Personal alarms
  • Folding knives
  • Guns

However, even though using these weapons when defending yourself is lawful, certain conditions could disqualify you from owning or possessing them. For example, if you are a felon, it is illegal for you to own, possess, carry, or receive a firearm. Additionally, if you are mentally ill or have restraining orders against you, possessing these self-defense weapons is illegal.

Also, according to PC 16590, it is unlawful to possess, manufacture, or use certain deadly weapons, such as:

  • Brass knuckles
  • Shurikens
  • Blackjacks
  • Leaded canes
  • Concealed daggers

Using these weapons for self-defense would not be a valid legal defense argument at trial and could attract some charges under PC 16590.

Find a Criminal Defense Attorney Near Me

If you are under investigation or have pending criminal charges based on an act of self-defense, preparing viable legal defense arguments requires careful examination of your unique case’s facts. For these reasons, hiring an attorney who understands the ins and outs of the criminal court system is vital.

Our attorneys at Los Angeles Criminal Lawyer can help you craft viable evidence and arguments to help prove to the court that your act of self-defense was justifiable to secure a favorable outcome. Call us at 310-502-1314 to discuss your case with our dedicated attorneys.