Is California a “Stand Your Ground” State?

On February 20, 2023, a Criminal Defense Attorney in Los Angeles.

In the 1980s, a group of states including Idaho, Kansas, Florida, and Georgia explicitly state that a person who has the right to stand their ground and defend themselves using deadly force against a violent attacker has named these laws after a line from the movies Harry Dirty.

In states like Massachusetts, Iowa, Maryland, and Hawaii, it is necessary for an individual to resort to physical force and attempt to escape if there is imminent danger, as the laws require them to prioritize self-defense over retreating.

In California, individuals residing in their residences have the privilege to protect themselves against aggressive trespassers by employing lethal methods as per the Castle Doctrine. While the legislation does not explicitly confirm the authorization for firearm possessors to use lethal methods in self-defense, there is no obligation to withdraw. California falls in the middle ground between these two categories of states.

To prevent severe impending physical harm, an individual has the privilege to utilize aggressive force to protect themselves beyond their residence.

The Castle Doctrine, referred to as the principle of English common law, aligns with PC 198.5. You possess the entitlement to protect yourself by employing an appropriate level of force to avert harm to individuals within your residence, provided that an individual enters your dwelling and you hold a reasonable belief that they pose an imminent danger.

When defending against a violent intruder, remember to consider the following guidelines: you are permitted to stand your ground if you perceive a threat from an intruder who shows no intention of vacating your residence.

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  • You are safeguarding yourself, your family, or your residence.
  • The threat is imminent, indicating the present moment and not in the forthcoming time.
  • The assailant forcefully enters to perpetrate acts of violence against an individual indoors.
  • You have a valid belief that someone within the residence is in immediate danger of severe physical injury.
  • You should avoid exerting excessive force.
  • Protecting Yourself Outdoors

    Prosecutors or a jury will have the task of persuading you that, in the event that you employ aggressive force to protect yourself outside your residence, the identical principles are applicable. The Castle doctrine does not encompass areas beyond your home.

  • The other individual was the first attacker.
  • You thought that using strength was essential to protect yourself.
  • You or another person was in immediate peril of severe physical injury.
  • You applied the requisite level of strength needed.
  • If someone is threatening to harm you or someone else, your attorney will argue that your actions were justified, but it’s best to avoid violence if possible.

    If you believe that a person can reasonably prevent the necessary types of actions from causing harm, your criminal defense attorney will argue that you are not criminally liable for any consequences. This means that the evidence presented in court negates your criminal liability. When circumstances allow, your legal team will choose to use an affirmative defense.

  • Being killed.
  • Enduring severe physical harm.
  • Being raped.
  • Being maimed.
  • Getting robbed.
  • Did You Employ Lethal Force to Protect Yourself?

    As esteemed criminal defense attorneys, our nationally acclaimed LLP, Quinn & Jackson Werksman, will strive to discover the most effective legal strategy to dismiss all charges against you. It is your right to defend yourself against a violent attacker and ensure the safety of your own home.

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