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Is CA a "Stand-Your-Ground" State? A former DA explains
Under California self-defense laws, you generally have the right to “stand your ground” and defend yourself and others without retreating.There is no state law statute that explicitly lays this out. Instead, case law and jury instructions recognize your right to use force in self-defense without first trying to escape or run away (stand your ground), even if outside the home.
Stand Your Ground Laws
People have the right to defend themselves or others when there is a reasonable belief in a threat. Deadly force is reasonable if there is an imminent danger of great bodily harm or death. A person does not have to retreat.
Under California’s self-defense law, someone acts in lawful self-defense or defense of others if:
- the person reasonably believes that he or she, or another person, is in imminent danger of being harmed;
- the person reasonably believes that the immediate use of force is necessary to defend against that danger; and
- the person uses no more force than is reasonably necessary to defend against that danger.
The reasonable fear of imminent peril must be immediate and present. Under California case law an imminent danger is one that must be instantly dealt with. 1 2
Please note that a person is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation.
To decide whether a person’s beliefs are reasonable, all of the circ*mstances as they are known to and appeared to a person are considered and compared to what a reasonable person in a similar situation with similar knowledge would have believed.3
Can a person use deadly force to defend themselves in California?
Yes, under very limited circ*mstances, you can use deadly force or violence in California (“justifiable homicide“) to protect yourself or others from harm. This is known as an affirmative defense to murder charges, voluntary manslaughter charges, or charges for violent crimes.4
A California criminal jury instruction states that a person acted in lawful self-defense if he or she reasonably believed that:
- There was an imminent danger of being killed or suffering great bodily injury;
- the immediate use of deadly force was necessary to defend against that danger; and
- he or she used no more force than was reasonably necessary to defend against that danger.5
The imminent danger must be immediate and present, and not prospective or even in the near future. An imminent danger is one that must be instantly dealt with. An example is having a deadly weapon such as a gun being pointed at your head.6
Great bodily injury means significant or substantial physical injury.7
Further, this jury instruction makes clear that a person does not have to run away:
“An accused is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of death or great bodily injury has passed. This is so even if safety could have been achieved by retreating.”8
Can a person use force to defend personal property in California?
Yes, the owner or possessor of personal property may use reasonable force to protect that property from imminent harm. A person may also use reasonable force to protect the property of a family member or guest from immediate harm.
Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.9
The use of deadly force in protecting property is authorized in the following circ*mstances:
- In defense of habitation or property against one who intends, by violence or surprise, to commit a felony; or
- When committed in defense of habitation or property against one who tries to enter in a violent manner to commit violence on someone inside.10
Can a person use force to evict a trespasser from their property in California?
Yes. The lawful occupant of property may request that a trespasser leave the property (real property). If the trespasser does not leave within a reasonable time and it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants, the occupant may use reasonable force to make the trespasser leave.
Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to make the trespasser leave.
If the trespasser resists, the lawful occupant may increase the amount of force he or she uses in proportion to the force used by the trespasser and the threat the trespasser poses to the property.11
What is the difference between Stand your Ground laws and the Castle Doctrine?
California is largely a stand your ground state. The stand your ground defense laws generally establish a right by which a person may reasonably defend themselves or others, even to the point of applying lethal force, regardless of whether retreating from the situation might have been possible.
Stand your ground laws in California:
- apply anywhere a person is legally allowed to be, and
- do not require a person to retreat.
The Castle Doctrine, based upon old English common law that said “A Man’s Home is His Castle,” applies only when someone is assaulted within their own home.12
For further discussion, see our article on the difference between the castle doctrine and stand your ground law.
Legal References
- CALCRIM 3470. People v. Hughes (1951) 107 Cal.App.2d 487; People v. Hatchett (1942) 56 Cal.App.2d 20.
- See People v. Humphrey (1996) 13 Cal.4th 1073.
- People v. Horn (2021) 63 Cal.App.5th 672.
- See People v. Trevino (Court of Appeal of California, Fifth Appellate District, 1988) 200 Cal. App. 3d 874.
- CALCRIM 505.
- See People v. Lopez (2011) 199 Cal. App. 4th 1297.
- California Penal Code 12022.7 PC.
- See note 5.
- CALCRIM 3476.
- See People v. Chen (Court of Appeal of California, Fourth Appellate District, Division Two, 2020) 50 Cal. App. 5th 952.
- CALCRIM 3475.
- California Penal Code 198.5 PC.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Featured on
I am Neil Shouse, a former Los Angeles prosecutor and a seasoned attorney with a comprehensive understanding of California self-defense laws. My expertise is grounded in a distinguished academic background, having graduated with honors from UC Berkeley and Harvard Law School, supplemented by additional graduate studies at MIT. Over the years, I've garnered recognition from the legal community, earning a place among the Top 100 Criminal and Top 100 Civil Attorneys by the National Trial Lawyers. My insights into the intricacies of the law have been featured on reputable platforms such as CNN, Good Morning America, Dr. Phil, The Today Show, and Court TV.
Now, delving into the specifics of the article posted on February 13, 2023, titled "Is CA a 'Stand-Your-Ground' State? A former DA explains," let's break down the key concepts covered:
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Stand Your Ground Laws in California:
- In California, individuals generally have the right to "stand their ground" and defend themselves or others without the obligation to retreat.
- This right is not explicitly stated in a state law statute but is derived from case law and jury instructions.
- The use of force in self-defense is recognized without the necessity to escape, even outside the home.
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Self-Defense Criteria in California:
- Individuals can use force in self-defense if there is a reasonable belief in an imminent threat.
- Deadly force is considered reasonable if there is an imminent danger of great bodily harm or death.
- The use of force must be no more than reasonably necessary to defend against the perceived danger.
- The reasonable fear of imminent peril must be immediate and present, as determined by California case law.
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Use of Deadly Force in California:
- Under limited circ*mstances, individuals in California can use deadly force or violence ("justifiable homicide") to protect themselves or others from harm.
- Criteria for lawful self-defense involving deadly force include an imminent danger of being killed or suffering great bodily injury, the immediate necessity of deadly force, and the use of no more force than reasonably necessary.
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Protection of Personal Property in California:
- The owner or possessor of personal property can use reasonable force to protect it from imminent harm.
- Reasonable force is defined as the amount a reasonable person in the same situation would believe is necessary.
- The use of deadly force is authorized in specific circ*mstances, such as in defense of habitation or property against a felonious act.
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Evicting Trespassers in California:
- The lawful occupant of property can use reasonable force to evict a trespasser if the trespasser poses a threat to the property or occupants.
- The amount of force used can be increased in proportion to the force used by the trespasser and the threat posed.
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Stand Your Ground vs. Castle Doctrine:
- California is predominantly a stand your ground state, where the right to defend oneself applies anywhere a person is legally allowed to be, without the requirement to retreat.
- The Castle Doctrine, rooted in old English common law, applies specifically when someone is assaulted within their own home.
Neil Shouse's analysis provides a comprehensive understanding of the legal landscape surrounding self-defense laws in California, offering valuable insights into when and how individuals can use force to protect themselves, others, and personal property.
