Understanding Self-Defense as a Viable Defense in Murder Cases
Understanding Self-Defense as a Viable Defense in Murder Cases When faced with a murder charge, few things are as overwhelming as navigating the legal maze ahead. However, one argument that can be a lifeline for the accused is self-defense. This legal defense is built on the principle that individuals have a right to protect themselves from imminent harm—even if doing so results in another's death. Understanding how self-defense is viewed…
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If You Are Accused Of An Assault Charge In California Can You Make A Winnable Self-Defense Argument? “What is “Justifiable Force”? Penal Code Section 245
If You Are Accused Of An Assault Charge In California Can You Make A Winnable Self-Defense Argument? "What is "Justifiable Force"? Penal Code Section 245 Before we dive into the specifics of California's PC 245, we must lay the groundwork by exploring the concept of self-defense in assault cases. It is a fundamental right—both a moral instinct and a legal principle—to protect oneself when faced with imminent harm. However, the…
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Self-Defense in Domestic Violence Cases
Self-Defense in Domestic Violence Cases If you have lived with a significant other, you know that arguments can begin over the smallest little things. Last year, a 50-year-old woman was charged with a felony assault after she stabbed her 61-year-old boyfriend with a pen because he ate all the salsa.1 Another woman stabbed her boyfriend in a fight over the air conditioning in their hotel room.2 So, if this happens…
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Legal Self Defense in California
Legal Self Defense in California In California, you are allowed to use reasonable self defense in order to protect yourself or others from injury or death. So, what is “reasonable” in terms of self defense? For self defense to be a valid legal defense to criminal charges in California, your act must meet the following three elements: You reasonably believed that you were in imminent danger of suffering serious bodily…
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Self-Defense in Assault with Deadly Weapon Cases (PC 245)
Self-Defense in Assault with Deadly Weapon Cases (PC 245) Under California Penal Code Section 245, an assault with a deadly weapon is an assault committed involving the use of “a deadly weapon or instrument.” An assault is an unlawful attempt to commit a violent act that would cause an injury against another if successful, if you had the ability to commit the act at the time. Self-defense is one of…
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Self-Defense in Assault Cases in California
Self-Defense in Assault Cases in California Assault is a common crime, but one that is often misunderstood. An assault does not require that any person be physically touched. Rather, it involves you doing a willful act that could result in physical force being applied to another. For example, if you throw a punch at someone and miss, you could be charged with assault. But, what if you only took a…
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