Domestic Violence was Self Defense
The Defendant Acted in Self-Defense
Use of force against a spouse or cohabitant that is committed in self-defense or in defense of another person is not a crime. The California Criminal Jury Instructions explain the law of self-defense as follows:
The defendant is not guilty of if he/she used force against the other person in lawful self-defense or defense of another. The defendant acted in lawful self-defense or defense of another if:
- The defendant reasonably believed that he/she or someone else was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND
- The defendant used no more force than was reasonably necessary to defend against that danger.
Self-defense cannot be based upon a belief that you will be harmed in the future. There must be a reasonable basis to believe that a physical threat is imminent, and you must be acting because of that belief.
A reasonable belief in imminent harm does not justify the any and all levels of force. A person who is in reasonable fear of harm may only use a degree of force that is reasonably necessary under the circumstances. Using excessive force will negate a claim of self-defense.
“A defendant 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/bodily injury has passed. This is so even if safety could have been achieved by retreating.”
See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 3470, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf
Aggressive Criminal Defense
David Canty is one of the best criminal defense lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.
David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.
If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
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HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
Domestic Violence was Self Defense
The Defendant Acted in Self-Defense
Use of force against a spouse or cohabitant that is committed in self-defense or in defense of another person is not a crime. The California Criminal Jury Instructions explain the law of self-defense as follows:
The defendant is not guilty of if he/she used force against the other person in lawful self-defense or defense of another. The defendant acted in lawful self-defense or defense of another if:
- The defendant reasonably believed that he/she or someone else was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND
- The defendant used no more force than was reasonably necessary to defend against that danger.
Self-defense cannot be based upon a belief that you will be harmed in the future. There must be a reasonable basis to believe that a physical threat is imminent, and you must be acting because of that belief.
A reasonable belief in imminent harm does not justify the any and all levels of force. A person who is in reasonable fear of harm may only use a degree of force that is reasonably necessary under the circumstances. Using excessive force will negate a claim of self-defense.
“A defendant 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/bodily injury has passed. This is so even if safety could have been achieved by retreating.”
See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 3470, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf
Aggressive Criminal Defense
David Canty is one of the best criminal defense lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.
David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.
If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
