Understanding Justifiable Homicide in California: When Self-Defense Applies
California law allows the use of deadly force in limited situations where a person reasonably believes it is necessary to prevent death or great bodily injury. This defense, known as justifiable homicide, can serve as a complete defense to charges of murder or manslaughter in appropriate circumstances.
Key Elements of Legal Self-Defense
To successfully claim self-defense, the following conditions must be met:
The defendant reasonably believed they or someone else faced an imminent threat of death or serious bodily harm.
The use of deadly force was reasonably necessary to prevent that harm.
The force used was not excessive in light of the threat.
Fear of future harm does not meet the legal standard—there must be an immediate and present danger at the time.
Perspective and Prior Threats
Jurors must evaluate the situation from the defendant’s perspective. Even if the belief later turns out to be mistaken, it may still be considered reasonable. Past threats or violence from the other party may further support the claim of self-defense, influencing the defendant's perception of the threat at the time.
No Duty to Retreat
California law does not require an individual to retreat when facing a threat. If a person is in danger, they may stand their ground—or even pursue an attacker—if doing so is necessary to prevent harm.
What Counts as Great Bodily Injury
“Great bodily injury” refers to significant or substantial physical harm, not minor or superficial wounds. Whether this standard is met depends on the facts of the case and the nature of the injury sustained.
The Prosecution’s Burden
Once self-defense is raised as a defense, the burden shifts to the prosecution. They must prove beyond a reasonable doubt that the defendant did not act in lawful self-defense. If they fail to meet this burden, the jury must return a not guilty verdict.
Why It Matters
Understanding California’s self-defense laws is crucial in high-stakes criminal cases. If you or a loved one has been involved in a situation involving self-defense, seeking clear legal guidance and experienced representation is vital to ensuring your rights are protected. Call today for a confidential consultation.
About Molly Northrup
Molly Northrup plays a pivotal role at the Law Office of Daniel Horowitz, bringing unmatched depth in legal analysis, case development, and courtroom strategy. With a background in linguistics, an MBA from a top-tier international business school, and years of experience navigating complex criminal and civil litigation, Molly is a trusted legal mind clients turn to in their most critical moments.
Her work spans high-profile trials, sensitive investigations, and intricate legal disputes—where her judgment, precision, and strategic instincts have helped drive successful outcomes time and again.
If your case requires elite-level representation with a rigorous, detail-driven approach, contact the Law Office of Daniel Horowitz and benefit from the leadership of a legal team anchored by professionals like Molly and Daniel.
