The laws of most states say you can legally kill in self-defense provided that you:
- reasonably believed that you or someone else was in danger of suffering great bodily harm or death,1 and
- used a level of lethal force that was appropriate under the circumstances.2
“Appropriate” force means that your use of force is proportional to the force unleashed by the aggressor. Therefore, if you used deadly force against a non-deadly attack, you likely will face homicide charges and incarceration, if convicted.3
A judge or jury typically determines whether you committed a “justifiable homicide” by examining the facts of your case.4 Typical evidence includes:
- video surveillance footage,
- forensic expert testimony, and
- eyewitness accounts.
Furthermore, the judge or jury will deliberate over whether a reasonable person in your situation would have acted the same way and killed in self-defense. If you acted like a reasonable person would, you should not be convicted of homicide.
What if I started the fight or altercation?
If you started or provoked a confrontation with someone, and then later killed that person, you can generally claim self-defense only if:
- you withdrew from the fight, and
- you effectively communicated your intent to withdraw, and
- the other person continued to attack.5
If all of these facts are true, then the law typically treats you as a victim as opposed to an aggressor.
Is there a duty to retreat?
Some states say that you must try and retreat from an attack before you can lawfully engage in self-defense, including a deadly self-defense case.6
However, many states also apply castle doctrine laws, which state that you do not have to retreat when defending yourself in your own home. In other words, your home is your castle, and you may legally use all manners of force including deadly force to protect it and its inhabitants from attack.7
In California for example, the law recognizes that having an intruder in your home by default causes the people in the home “reasonable fear of imminent harm.” Some states even extend the castle doctrine to your workplace or in your car.8
California is also an example of a state that applies stand your ground laws. This means
- you can use force (including deadly force if necessary) when acting in self-defense, and
- there is no requirement that you have to retreat before doing so.9
Stand your ground laws are not limited to self-defense in your own home, but generally include defense in all places (for example, your home, place of work, vehicle, in public, etc.).10
Is justifiable homicide the same as accidental homicide?
No. Most states make a distinction between a justifiable homicide and an accidental (or excusable) homicide.
An accidental homicide is when you cause a death while:
- doing a lawful act,
- acting with usual and ordinary caution, and
- acting without any unlawful intent.11
If all of the above are true, then this will generally absolve you of liability for murder or other homicide charges.
Can a criminal defense attorney help?
Yes. A criminal defense lawyer plays a critical role if you come to face criminal charges after acting in self-defense.
My law firm has decades of combined experience proving that our clients acted reasonably and were justified in acting in self-defense. We also cast reasonable doubt on the prosecutor’s case to help you avoid charges of such violent crimes as:
Your communications with me are protected by the attorney-client relationship. According to this relationship, I cannot disclose your confidences without first getting your consent.
Additional resources
For more in-depth information on self-defense laws, refer to these scholarly articles:
- Abused Women Abused by the Law: The Plight of Battered Women in California and a Proposal for Revising the California Self-Defense Law – California Review of Law & Women’s Studies.
- Justifying Self-defense – Law & Philosophy article on why self-defense is a valid way to fight criminal charges.
- A Matter of Evidence or of Law – Battered Women Claiming Self-Defense in California – UCLA Women’s Law Journal.
- A New Defense for Self-defense – Buffalo Law Review article on why self-defense is a workable defense in criminal cases.
- Self-Defense Re-Examined – UCLA Law Review article about how self-defense can get charges dismissed.
Legal References:
- See Black’s Law Dictionary, Sixth Edition – “Self-defense.” See also CALCRIM No. 3470 – Right to Self-Defense or Defense of Another, Judicial Council of California Criminal Jury Instructions (2022 edition). Note that self-defense serves as a legal defense to many criminal offenses, including domestic battery and assault.
- See, for example, Nevada Revised Statutes 200.275. See also Davis v. State (2014) 321 P.3d 867.
- See Black’s Law Dictionary, Sixth Edition – “Self-defense.” See also Model Penal Code 3.04.
- See, for example, People v. Garvin (2003) 110 Cal.App.4th 484.
- See, for example, Colorado Revised Statutes 18-1-704(3)(b).
- See, for example, Commonwealth v. Niemic (1998) 696 N.E.2d 117.
- Black’s Law Dictionary, Sixth Edition – “Castle doctrine.” See also Florida Statutes 776.013.
- See, for example, North Carolina General Statute 14-51.2. California Penal Code 198.5 PC.
- See, for example, Black’s Law Dictionary, Sixth Edition – “Self-defense.” See note 1.
- See same.
- See, for example, California Penal Code 195 PC and CALCRIM No. 510 – Accident, Judicial Council of California Criminal Jury Instructions (2020 edition).
