How is Assault Defined in California?
Under the California Penal Code, assault is an illegal attempt to commit a violent injury to another person. It is coupled with an apparent ability to commit the crime and doesn’t necessarily need physical contact to qualify as assault. Orange County criminal defense attorneys add that assault involves the threat of violence and the possibility of carrying it through.
The term is mainly all-encompassing, referring to a wide range of behavior. If you’re facing assault charges, it would help to consult skilled lawyers to defend you. One possible defense strategy is self-defense. An experienced lawyer explains how it works and how you could use it to reduce the charges or have them dropped.
What Are Self-Defense Laws in California?
Self-defense in California is known as affirmative defense. Assault lawyers in Orange County say it happens when you admit to committing an offense but argue it was justified under the given circumstances. You can be said to have acted in self-defense when you reacted to a dangerous situation but caused harm to another person or people.
The law stipulates that you have a right to use force, and sometimes deadly force, to defend yourself, others, or property in the face of danger. However, there is a scope of what may be considered appropriate use of force and when you may apply it.
When you use self-defense as a strategy to beat assault charges, you admit that you committed a crime. However, the prosecution must prove that your actions were unjustified under the circumstances to convict you.
Stand Your Ground and Castle Doctrine in California
California is a stand-your-ground state, meaning you don’t have to retreat when faced with the threat of harm or violence, as in other states. If someone comes at you intending to harm you, you can stand your ground and respond to the threat with proportionate force.
The state also recognizes the “castle doctrine,” which implies the right to use force if someone intrudes on your property. You don’t have a duty to first retreat if you’re in your home, place of work, or other real property.
Under this principle, the right to use force ends when you’re no longer on your real property. Generally, any force you use against an intruder must be proportionate to the harm you believe in.
How Can You Use Self-Defense as a Strategy to Beat Assault Charges?
Assault charges can range from misdemeanors to gross felonies. You must understand the gravity of the charges against you to defend yourself effectively. Your assault attorneys in Orange County can advise you to cite self-defense as a strategy to beat the charges.
Establishing Self-Defense
Navigating the nuances of self-defense in assault charges can be complex, and to successfully demonstrate that you acted in self-defense, you must prove the following elements:
- Imminent danger: You must demonstrate that you had reasonable belief that you were in imminent danger of harm or death, meaning the harm would have happened at that moment. The harm that would have occurred later is not considered imminent and may disqualify your self-defense claim.
- Reasonable belief: You must have reasonable belief that you were in imminent danger and that using force was necessary to protect yourself. Reasonable belief is a question of fact that considers what a reasonable person would have done had they been in your exact situation.
- Proportionate force: The degree of force you use to defend yourself from imminent danger must be proportionate to the threat you face. For example, if you shot at someone who only verbally abused you or slapped you, the force would not be considered proportionate to the danger faced.
Before citing self-defense in your assault charges, consult widely with experienced assault lawyers in Orange County. They can evaluate the circumstances of your case and advise if these elements are met to beat the charges effectively. They can also help you gather witnesses to corroborate your claims and evidence of the threat against you.
When Does Self-Defense Not Apply as Affirmative Defense in Assault Cases?
Unfortunately, there are situations in which you can’t claim self-defense when facing assault charges in California. Orange County assault attorneys say that self-defense is usually only a valid argument when you are not the first one to assault the other person. That means that to claim self-defense, you must have been responding to the other person’s aggression.
If you start a fight, the law prohibits you from using self-defense as a strategy against the charges if something goes wrong. However, you could still use the defense if:
- You can prove that you wanted to stop the fight and made good faith to do so, or
- The other person used deadly force against you even though you attacked them with non-deadly force.
Your lawyers may also claim imperfect self-defense, meaning your belief of danger or the need to use force was unreasonable. The argument could reduce the severity of the charges against you.
Claiming Self-Defense to Beat Assault Charges with the Help of a Skilled Criminal Defense Lawyer
Assessing self-defense arguments when facing assault charges requires that you evaluate what you did, the circumstances that confronted you, and how that looks to the average person. The nuances of self-defense arguments can be complex, but aggressive criminal defense lawyers in Orange County can guide you for the most favorable outcome.
The Law Office of Scott Henry has aggressive assault lawyers in Orange County. We can evaluate the assault charges against you and advise you on claiming self-defense to protect your rights. Let us fight on your behalf during this challenging time marked with fear, anxiety, and uncertainty to defend your freedom and future. Call us at 714-294-0599 to request a FREE consultation.
