Self Defense

Self Defense

When prosecutors decide to file charges for serious accusations, such as assault or murder, they often do so despite having evidence that the person they are charging was using self-defense. It is very important for you to understand your right to use self-defense when you are charged with a violent crime.

South Bay criminal defense attorney Brian A. Newman is your best defense in court if you find yourself charged with a crime of violence. Mr. Newman has extensive experience defending persons charged with violent crimes from simple assault to first degree murder. Mr. Newman can be contacted directly

SELF-DEFENSE LAW IN CALIFORNIA

Generally, when you are attacked or reasonably believe that you are going to be attacked, you are allowed to use self-defense using any force or means that seems necessary to prevent injury from occurring to you. Actual danger to you isn't even necessary to justify self-defense if there is an appearance of danger and you, acting as a reasonable person would, reasonably believe that danger of an attack is imminent.

The key thing to remember is that you can only use reasonable force necessary to defend yourself under the circumstance. If you are punched or threatened with a fight, you cannot use deadly force in defending yourself unless you have a very strong reason to believe that you are being threatened with deadly force. The only time that the law allows you to assume that you are being threatened with deadly force is when you are confronted by an intruder in your own home. While you would not be legally justified in using deadly force unless you are being threatened with deadly force, you still have the right to defend yourself by lesser means.

Generally, whatever you do to defend yourself cannot exceed the harm you are threatened with. If you are threatened with an attack that justifies self-defense, you don't have to simply retreat; you are allowed to stand your ground and defend yourself by any forceful means necessary in order to prevent the attack. You would even be allowed to chase after your attacker if it is necessary to do so for your protection. You are allowed to use self-defense even if you could have fled the scene and made a safe retreat.

Previous evidence of threats or attacks is legally relevant if you are claiming self-defense. If you have evidence that the person you defended yourself against had committed violent acts and threatened to commit violent acts in the past, it could make your self-defense claim appear more reasonable. If you had previously been assaulted or threatened with assault by the attacker, it is reasonable that you may act more swiftly and harshly than a person who had not been attacked or threatened by the attacker.

Your right to use self defense terminates when the attacker is no longer a viable threat or when the danger ends. Moreover, you are prevented from claiming self-defense when you were the one who initiated the argument or fight that created your apparent need to use self-defense. You also cannot use self-defense if there was an express or implied agreement to fight, prearrangement, or equal consent between parties.

The above rules of self-defense also apply if you are defending another person from harm. The right to defend others used to be limited to one's own family members. Presently, the law allows you to defend any person that you see being unlawfully attacked.

Self-defense also comes into play when property owners or occupants ask a trespasser to leave the premises. If the trespasser refuses to leave the premises within a reasonable amount of time, force can be used to expel the trespasser and prevent human injury or damages to the property.

If your personal property is threatened, you are also allowed to use force to defend your property so long as the force is justified and not excessive.

When a person is seriously injured or killed during a violent confrontation, the prosecution will often not hesitate to file charges even though the person using the force was acting in justifiable self-defense. When a person is badly disabled or killed, pressure from the afflicted person's family can mount and the prosecution will often be sympathetic towards family emotions. 

if you find yourself in a situation where you are charged with a violent crime, but used self-defense, call Brian A. Newman at (310) 316-6622. His experience and success in defending these cases will help you attain a successful result.

Call us today at 310.316.6622 and talk with an experienced Redondo Beach Self Defense lawyer that will fight for you!

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Call Mr. Newman directly at (310) 316-6622