Using Self-Defense as a Legal Argument Against Assault

If you are facing assault charges in California, you may be able to utilize self-defense as a valid defensive strategy. Contact a skilled Tehama County violent crimes lawyer for more information and legal assistance today.

What Are the Penalties for Assault in California?

There is a variety of different assault charges that you can face in California. Simple assault is generally defined as the unlawful attempt, combined with the present ability, to commit a violent injury to another person.

Aggravated assault can include a variety of offenses like assault with a deadly weapon, assault against a peace officer, assault with caustic chemicals, and more. Simple assault is a misdemeanor offense whereas aggravated assault is a wobbler, meaning it can be charged as a misdemeanor or felony depending on the circumstances.

The penalties for simple assault in CA include the following.

Up to 6 months in jail
Fines of up to $1,000

The penalties for misdemeanor aggravated assault in CA include the following.

Up to 1 year in jail
Fines of up to $10,000

The penalties for felony aggravated assault in CA include the following.

Up to 4 years in a state prison (or longer depending on the victim and weapon used)
Fines of up to $10,000

Any of the above charges and penalties can be accompanied with additional consequences depending on the details of the situation including probation, restitution, community service, anger management classes, etc.

Can Self-Defense Be Used as a Defense for Assault Charges?

In general, yes, if you are facing assault charges you can use self-defense as an effective defensive strategy. California implements “Stand Your Ground” laws, meaning that you have the right to stand your ground and defend yourself and others if you are being attacked or threatened. You are not required to retreat. California is also a “castle doctrine” state. Castle Doctrine allows you to use force and even deadly force to defend your home from intruders.

What is Self-Defense?

Although self-defense is a valid defense, it is important that you abide by the legal requirements of the Stand Your Ground rules. For this defense to be considered valid in California, the following must apply.

Immediate threat: There must have been an immediate and present threat of harm against you, another person, or your home. The threat must have been imminent or you must have at least believed it was imminent.
Reasonable belief: You must have reasonably believed that your use of force and self-defense was necessary in order to protect yourself or others from imminent danger.
Proportional use of force: The amount of force you use must be proportionate to the danger you are facing. You cannot use excessive force or violence when the situation does not call for it.

If you are facing assault charges in California it is important that you explore all of your options and potential defensive strategies. When done right, self-defense can be an effective defense. Reach out to a skilled attorney to obtain legal representation during your case.