Understanding Self-Defense Claims in Criminal Cases

Self-defense claims can arise in a variety of criminal matters, such as assault or homicide cases, where the accused individual alleges that their actions were necessary to protect themselves from harm. However, the legal intricacies and proving a self-defense claim can be challenging. Just ask Erik and Lyle Menendez.

In 1989, Lyle and Erik Menendez were charged with the murder of their parents. The defense argued that the brothers acted in self-defense due to the severe sexual and psychological abuse they suffered at the hands of their parents. Their lawyers used the “imperfect self-defense” argument, meaning where an individual believes they are in imminent danger, but the way in which they carried out defending themselves did not meet all of California’s legal requirements. A thorough understanding of self-defense can make the difference between freedom and a life sentence.

If you hurt someone defending yourself, talking to an Orange County criminal defense attorney who can answer your questions can reduce a lot of your stress.

How Does California Define “Self Defense”?

In California, the law recognizes the right of individuals to defend themselves from harm. The primary elements of a self-defense claim include an imminent threat, a proportionate response, necessity, and the absence of a duty to retreat. Let’s examine each of these elements in more detail.

Imminent Threat

To successfully argue self-defense, you must be able to demonstrate that you reasonably believed you were facing an immediate threat of bodily harm or death. This belief must be objectively reasonable, meaning that an average person in the same circumstances would also have believed they were in grave danger.

Proportionate Response

While defending yourself, for legal purposes, it is essential to respond with a level of force that is proportionate to the threat you are facing. The force you use should not exceed what is reasonably necessary to protect yourself. Using excessive force will weaken your self-defense claim and open you up to potential charges.

Necessity

The defense of necessity asserts that your actions were required in order to prevent a greater harm. To successfully argue this defense, you must demonstrate that there were no other reasonable alternatives available to you at the time. 

Retreat

It’s worth noting that California does not impose a duty to retreat or run away before using force in self-defense. This means that you do not have an obligation to try to escape or avoid the threat before using force to protect yourself. However, the absence of a mandate to retreat does not mean that you must stay and fight either. Whether to fight or flight depends on the specifics of the situation. 

What Is the “Stand Your Ground” Law?

California is what’s called a “Stand Your Ground” state, which means that you can use reasonable force to defend yourself without retreating if you are in imminent danger under these circumstances: 

• You are in a place where you have a legal right to be, meaning trespassers do not have this right
• You reasonably believe that using force is necessary to prevent harm 
• The force you exhibited is proportional to the threat 

You can also use reasonable force to protect your property from imminent harm, or to protect the property of a family member or guest. As an Orange County criminal defense attorney, here are some other things you should know about California’s stand-your-ground law:

• You can legally claim self-defense even if you could have easily run away from the scene
• Deadly force can only be justified if the threat involves a risk of death or serious bodily injury 
• You can face criminal charges if you initiated the fight or failed to de-escalate the situation when an opportunity to do so arose
• Self-defense is not a valid excuse for failing to retreat in a street fight situation

Who decides ultimately if the force used was considered “reasonable”? The court reviews stand-your-ground cases and determines if the force used was legally appropriate.

Understanding the “Castle Doctrine” in California

The Castle Doctrine is a legal principle that grants people the right to use force, including deadly force, to defend their homes from intruders. In California, the Castle Doctrine is not codified under state law per se. However, the concept of defending one’s dwelling is recognized and protected by the courts through what’s called case law, i.e. previous court decisions.

Under the Castle Doctrine, people have a heightened right to protect themselves and their properties from unlawful intrusion. It allows for the use of deadly force when there is a reasonable belief that the intruder poses an imminent threat of bodily harm or death. 

How to Effectively Argue Self-Defense in Court? 

To strengthen your self defense claim, as a seasoned and educated criminal defense attorney in Orange County, our team recommends:

Present Rock Solid Evidence

Collect and preserve any evidence that supports your claim of self-defense. This may include eyewitness testimonies, surveillance footage, or any other relevant documentation. Your attorney can assist you in identifying the evidence needed to substantiate your case.

Corroborate Evidence With Expert Witness Testimony

In some cases, expert witnesses may be necessary to provide insight and clarify complex issues to the court. Experts, such as forensic psychologists or self-defense experts, can explain how certain factors influenced your perception of imminent danger and the reasonableness of your response.

Present a Clear Narrative

Develop an easily understood and compelling story that explains why you believed you were in imminent danger and why your response was necessary and proportionate. 

Cross-Examination of Witnesses

During the trial, as your Orange County criminal defense attorney, the Law Office of William Bruzzo will cross-examine the prosecution’s witnesses in a way that is most effective for your case. This process allows our team to challenge the witness’s credibility, uncover inconsistencies, and highlight factors that support your self defense strategy. 

Need an Orange County Criminal Defense Lawyer?

If you injured someone using self defense and are now up against some criminal charges, you’ll want to hire the best Orange County criminal defense attorney you can. At the Law Office of William Bruzzo, our talented, dedicated legal team understands the complexities of self defense claims and will work tirelessly to protect your rights and advocate for the best possible outcome. To set up an appointment for some free legal advice and have a lawyer look over your case, contact our team now.