When someone is facing any type of danger in California, it is important to know how and when you can legally defend yourself. If you are someone who has been wondering what self-defense is legal in California, our Sacramento criminal defense lawyers know the answer can be complicated. While California law does allow individuals to protect themselves and others from harm at times, there are clear boundaries that must be followed to stay out of trouble.

Understanding California Self-Defense Laws

California self-defense laws allow individuals to use a reasonable level of force to protect themselves and others from being harmed. When someone chooses to engage in self-defense, a criminal court will investigate the extent to which the actions were reasonable to determine if a law has been broken by violating the rights of another person.

In any criminal defense cases involving self-defense, the courts will typically look at the following:

  • If the person reasonably believed they or someone else was about to be significantly hurt
  • Whether the force they used was proportionate to the threat they faced
  • If the person who engaged in self-defense first made a valid attempt to retreat or try to avoid the conflict altogether

Not every self-defense claim is clear-cut. With the 2024 violent crime rate in California 10.8% higher than it was in 2019, more individuals are encountering scenarios where they might need to engage in self-defense. It’s important to understand what you can and cannot do, as misjudging what counts as reasonable self-defense could lead to criminal charges.

When Use of Force is Most Likely to Be Questioned

Many people believe self-defense laws will just automatically protect them from doing what they believe they must do. This is not always the case, and it’s important to understand that before you get yourself in one of these situations. In fact, law enforcement and prosecutors clearly scrutinize the use of force, especially in high-stress situations, to make a true determination of what behaviors were valid or crossed a line.

This applies to civilian and law enforcement use of force during an altercation. According to state data:

  • 49.4% of use-of-force incidents occur during a call for service
  • 16.1% happen when a crime is in progress or during an investigation
  • 14.6% arise from traffic stops involving pedestrians, bicycles, or vehicles

These numbers show how even situations that might start as a routine check can quickly escalate. If you have been involved in a scenario like this, having an experienced criminal defense attorney can make all the difference between having the charges dropped or you being forced to deal with unnecessary penalties.

The Use of Weapons in Self-Defense

You can use weapons for self-defense in California. However, there are serious legal risks if you do so in a moment that does not warrant that type of escalation. For example:

  • You cannot use deadly force to defend property alone
  • You must be able to show that your use of a weapon was truly necessary and not excessive
  • If you are not legally permitted to own or carry a firearm, you could face additional charges

The average firearm mortality rate in California is 8.5 per 100,000 residents. This shows both the risks involved and the seriousness with which the state treats using weapons for self-defense.

FAQs

Q: How Can You Legally Defend Yourself in California?

A: You can legally defend yourself in California if you reasonably believe you or someone else is in immediate danger of harm. The key here is that your response needs to match the level of threat you are facing. For example, if someone tries to punch you during a heated argument, a reasonable response could be to try to block the hit or push them away to retreat from the situation. If you pulled out a weapon instead, this could be seen as excessive force.

Q: What Self-Defense Items Are Allowed in California?

A: California allows certain self-defense items to be used, such as pepper spray and personal alarms, to scare off bad-faith actors. The state generally allows these non-lethal items if they are being used in genuine moments where you need to protect yourself. Misuse of these tools can lead to legal consequences. For example, items like brass knuckles or certain types of batons could be considered illegal, especially if you used them unnecessarily.

Q: Can You Defend Yourself if Someone Threatens You?

A: Verbal threats alone are not typically enough to justify physical self-defense. However, if the threat seems credible and you believe it could escalate to something much more serious, you might be allowed to protect yourself. The more direct the threat, the stronger your self-defense case could be. Reviewing the specific circumstances of your case with your attorney will help to determine if you may have been justified in your response to the threat you perceived.

Q: Can You Go to Jail for Defending Yourself in California?

A: It is possible to be sentenced to prison time if you are found guilty of using excessive force during an attempt at self-defense. It’s important to remember that while you might be on the right side morally, it is still possible that your behavior overstepped a legal boundary. These boundaries are set in place to ensure that civilians are only using force during dire moments when they need it most and don’t have enough time to call for help from law enforcement.

Sacramento Criminal Defense Lawyers

At The Ward Firm, we understand how overwhelming it can feel to navigate the state’s laws when your behavior is under question. This is why it’s important to hire a criminal defense lawyer who understands California’s legal system at an advanced level. We have experience on both sides of the aisle in criminal defense and personal injury, uniquely qualifying us to build a well-rounded defense that protects you at every stage.

If you have recently engaged in self-defense and need to defend yourself in court to justify what happened, contact our firm today. We have a deep history working with clients who believe they acted in good faith to protect themselves or someone else, and we would be happy to look at your case to see how we can help.