While the law honors your right to self-defense, if you act forcefully against someone in the defense of yourself, the state may charge you with a crime. If the incident happens in Southern California, you’ll require the advice and services of a Los Angeles criminal defense attorney.

If you use force, including deadly force, in self-defense, the police and prosecutors must act on the available facts. The police could arrest you, and you could face serious criminal charges such as assault, manslaughter, or murder, despite the defensive nature of your action.

The priorities for the police at the scene of a violent crime are to secure the area, summon treatment for the injured, and begin gathering evidence. The police on the scene may decide to arrest the person who used force, especially if the other party was seriously injured or killed.

How Do Prosecutors Challenge Self-Defense Claims?

After an arrest, a prosecutor reviews the case. If the prosecutor believes your use of force was not legally justified, that prosecutor may file one or more charges. The most common arguments a prosecutor may raise to challenge your self-defense claim include:

  1. Excessive force: The force used was disproportionate to the threat faced, such as using a gun against an unarmed attacker who posed no danger of death or serious bodily injury.
  2. Lack of imminence: The threat was not immediate or imminent. Self-defense is justifiable only when the danger is present and unavoidable, not a future or past threat.
  3. Initial aggressor: You provoked the confrontation or were the first to threaten or use force, making you the initial aggressor.

What Legally Constitutes Self-Defense?

California is a “stand your ground” state. You are not legally required to retreat if you are in immediate danger, even if you could do so safely. Still, to successfully claim self-defense, your actions typically must meet several key criteria:

  1. Imminent threat: You must have faced an immediate and unavoidable danger of unlawful physical force (or, for deadly force, a threat of death or serious bodily harm).
  2. Proportionality: The force used must have been proportional to the threat. Deadly force, for example, is justifiable only for threats of death or serious bodily injury.
  3. Reasonable belief: You must have reasonably believed the use of force was necessary to prevent harm. This belief is often determined using a “reasonable person” standard: What would a rational, ordinary person have done under the same circumstances?

What Steps Will Your Lawyer Take?

If you claim self-defense in Southern California, the assistance of an experienced Los Angeles criminal defense lawyer is essential. A lawyer’s work establishing and providing evidence for a self-defense claim begins immediately and continues throughout the criminal justice process.

The first and most critical step is a comprehensive, independent investigation involving:

  1. An analysis of the crime scene to understand the physical layout, sight lines, and other essential factors.
  2. Locating and thoroughly questioning all witnesses, including witnesses the police may have overlooked.
  3. Securing crucial evidence like surveillance video, 911 recordings, and physical evidence supporting your version of the events.
  4. In some cases, asking experts to testify that your actions were reasonable and necessary under the circumstances.

How Will Your Lawyer Argue Self-Defense?

In a California court, when your attorney introduces evidence of self-defense, it becomes the prosecutor’s job to prove you did not act lawfully. Your lawyer doesn’t have to prove you acted in self-defense.

Instead, your lawyer’s job is to present evidence that raises the issue, for example, by aggressively cross-examining prosecution witnesses to expose contradictions or weaknesses in the state’s claim that your actions were criminal in nature.

If the case goes to trial, your Los Angeles criminal defense attorney will paint a compelling picture for the jurors that places them in your shoes by:

  1. Immediately framing the case during opening arguments as an act of survival against an aggressor.
  2. Challenging the testimony of the prosecution’s witnesses.
  3. Presenting expert witness testimony, and in some cases, your own testimony, to establish reasonable fear and the necessity of the force used.
  4. Drawing the facts together in closing arguments to show that the prosecution has not proven guilt beyond a reasonable doubt or disproven your self-defense claim.

What Else Should Californians Know About Self-Defense Claims?

When self-defense is your legal defense to a criminal charge, you’re not disputing that you committed the act; instead, you’re claiming that you were legally justified. To convict you of a crime, the state must prove beyond a reasonable doubt that you did not act in self-defense.

However, your Los Angeles criminal defense lawyer only has to demonstrate that you “probably” acted to defend yourself. In other words, your defense lawyer has to cast only enough doubt on the prosecution’s case to keep the jury from convicting you.

A misdemeanor assault conviction is punishable in California with up to six months in jail and/or a fine. An aggravated assault conviction involving a deadly weapon or a serious injury is a felony conviction punishable, in most cases, with up to four years in prison.

If you do receive a conviction, your attorney can use self-defense as a mitigating factor in the sentencing phase and argue for leniency based on the circumstances that led to your use of force.

Attorney Douglas Miranda Will Fight for the Justice You Need

If you are facing a criminal charge in Southern California, attorney Douglas Miranda at Miranda Rights Law Firm provides sympathetic, aggressive, and effective legal advice and representation. He regularly and successfully defends clients who face charges for violent crimes like assault.

Award-winning attorney Douglas Miranda understands that a criminal conviction can have a profoundly negative effect on your career, family, and freedom. He will use every necessary legal tool to bring your criminal case to its best possible outcome.

Let attorney Douglas Miranda put his experience and legal skills to work on your behalf. You may schedule a free case evaluation, now or in the future, by calling Miranda Rights Law Firm at 213-255-5838. Hablamos Español.