"The Attorney Who'll Be In Court For You With You"
CALIFORNIA SELF-DEFENSE LAW
I have studied, practiced self defense for most of my life I'm very experienced in defending those who are accused of assault, physical harm to others, just for trying to defend themselves. Others causing harm under the pretenses of self defense.
Under California law, you act in lawful self defense if:
1. You reasonably believe that you or someone else was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
2. You reasonably believe that the immediate use of force was necessary to defend against that danger;
3. You use no more force than was reasonably necessary to defend against that danger.
Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. You must have believed there was imminent danger of violence to you or someone else. Your belief must have been reasonable and you must have acted because of that belief. You are only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If you use more force than was reasonable, you did not act in lawful self-defense or defense of another.
You are not required to retreat.You are entitled to stand your ground and defend yourself and, if reasonably necessary, to pursue an assailant until the danger has passed. This is so, even if safety could have been achieved by retreating.
If you have been threatened or harmed by a person in the past, you are justified in acting more quickly or taking greater self-defense measures against that person. Such past threats or harm can be factors in determining whether or not your conduct and beliefs were reasonable.Threats from someone else that you reasonably associate with your assailant may be a factor in justifying your exercise of self-defense or defense of another.
Someone who engages in mutual combat or who is the first one to use physical force may gain the right to self-defense if:
1. He actually and in good faith tries to stop fighting;
2. He indicates by word or by conduct, to his opponent, in a way that a reasonable person would understand that he wants to stop fighting and that he has stopped fighting;
3. He gives his opponent a chance to stop fighting.
If a person meets these requirements, he then has a right to self-defense if the opponent continues to fight.
Self Defense Killing
Self Defense Killing is not considered a crime, it is done without Malice and without aforethought, therefore it is not considered crime such as Murder is Felony nor Manslaughter; manslaughter can be filed as Felony or Misdemeanor. Murder is the crime of taking another human's life by malice and premeditation, however Manslaughter, the lesser crime than Murder is the killing of someone without malice nor aforethought (premeditation or predetermination).
RIGHT TO SELF-DEFENSE MAY NOT BE CONTRIVED-
A person does not have a right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force.
DANGER NO LONGER EXISTS OR ATTACKER DISABLED-
The right to use force in self-defense or defense of another continues only as long as the danger exists or reasonably appears to exist. When the attacker withdraws or no longer appears capable of inflicting any injury, then the right to use force ends.
During New Years Day Rose Bowl Game my (out of state) client was in a self defense situation when his nose broke, he's been compensated for generously for the damages, I have charged him only half of my misdemeanor flat fee.