Homicide cases in California are some of the most serious criminal charges, according to the state, and could result in steep consequences, including life imprisonment or the death penalty. Although, in some cases, a person charged with murder may have a defense of self-defense. Key for all involved in Homicide Charges or murder trials is grasping how self-defense claims function in the legal context. For those seeking to learn about the protection of their rights, this article serves as a comprehensive discussion of the self-defense theory in California homicide cases.
At its most basic level, self-defense is a legal part of the law that permits individuals to use force if it is necessary to protect themselves from imminent harm or danger. Under California law, self-defense may be an affirmative defense to homicide, including first-degree and second-degree murder. A defendant can be acquitted or face lesser charges if they can show that they acted in self-defense.
California Penal Code § 198.5 specifically states the law regarding self-defense in a homicide. A person may use deadly force, if they reasonably believe that they face imminent death or great bodily harm. Nonetheless, any use of force must be proportionate to the threat confronted. Dude: If the amount of force used in self defense is more than is required to defend oneself, it may not be HELD as a credible claim of self-defense,
The following elements are commonly needed for a successful self-defense claim in California homicide cases:
In order to assert self-defense, the defendant must show they reasonably believed they were in immediate danger of being harmed. This belief must be real, not based on fear or suspicion alone. If someone pulls a weapon on, you and you have reasonable fear for your life, your use of deadly force could be justified.
The force used in self-defense must be proportionate to the threat faced. For example, if someone is physically beating you up but not threatening to kill you, if you pull a gun and shoot him — even if he is intentionally beating you up — your use of deadly force may not be considered reasonable. The fact really is whether the force used was reasonable given the threat.
The person who raises the self-defense defense cannot have started the confrontation. If the defendant instigated or increased the encounter then he may no longer be entitled to assert a defense of self-defense. So if I attack you first and then kill you in self-defense, I might not be entitled to a self-defense claim.
Although California does not require someone to back away from a threat, the law does give counsel that retreat is encouraged if safe to do so. If retreating without incurring further danger to the person is feasible, the failure to retreat may undermine a self-defense argument. But when someone is in their home, California’s “Castle Doctrine” gives them the right to stand their ground without first having to retreat.
Homicide charges vary widely throughout California, with first-degree murder, second-degree murder and manslaughter, on the table based on the specifics of the crime. Whether or not they are acting in self-defense can affect how these charges are prosecuted or what defenses can be put forward.
These examples can provide insight into how self-defense functions in homicide cases:
Consider the case of someone who has endured years of abuse, who in a moment of extreme fear kills their abuser believing them to be literally seconds away from another act of violence. Their defense team will argue that they were in imminent danger and therefore the use of force was justified.
Another case is that of a person confronted by an armed robber, who, fearing for his life, kills the robber. The court may determine that the killing passes muster as self-defense, if the person can show that he reasonably believed that his life was threatened in the moment and that his response was proportional.
One scenario in which a defendant may successfully be deprived of a self-defense argument is if they excessively used force. But for example, if I slap someone, and they turn around and shoot me dead, selfdefense would be out of the question because they are using excessive force.
Working with a competent Homicide Defense Attorney is a necessity when you are up against homicide charges and plan to argue self-defense. A seasoned Criminal Defense Lawyer for Homicide can lay the groundwork for a solid defense by:
Though a lawful legal defense, motivating it can be complicated. Like always, the prosecution will point out that the defendant used excessive force or provoked the encounter, calling the self-defense argument into doubt. This is the point at which the importance of a good Criminal Lawyer LA or Best Criminal Attorney Los Angeles comes into play. They can counter these arguments and make sure your rights are protected throughout the legal process.
In California, homicide charges are dealt with severely, and therefore it is important to be knowledgeable about the legal defenses behind them. While self-defense can be a potent defense against murder prosecutions, it can only be raised in specific situations. This is why, if you or someone you know is being charged with a homicide, it is vital that you speak to an experienced Homicide Defense Attorney to determine whether a self-defensive claim holds up.
All our Criminal Defense Attorney for Homicide is dedicated to safeguard your rights as a individual and get the right defence in your case. If you are struggling to understand the differences between homicide charges or self-defense claims, contact us for a consultation today. Raech out now to discuss your specific case and get the process started for your defense.