SELF DEFENSE
Many times when the government charges a citizen with an assault or even a homicide, they do so despite the fact that there is evidence that the person charged was acting in self defense. Therefore, if you find yourself charged with a crime of violence, it is important to understand your right to defend yourself both in and out of court.
Long Beach criminal defense attorney Matthew Kaestner is your best defense in court if you find yourself charged in Long Beach or the surrounding courts with a crime of violence. Mr. Kaestner has extensive experience defending persons charged with violent crimes from simple assault to first degree murder. Mr. Kaestner can be contacted directly at (562) 437-0200.
What follows is a brief synopsis of self defense law in the State of California.
In general it is lawful for a person who reasonably believes he is being or about to be attacked to use all force and means that would appear reasonably necessary to prevent the injury. Actual danger is not necessary to justify self defense if a person is confronted by the appearance of danger that causes him, and would cause a reasonable person, to believe an attack is imminent.
The force used by a person who is reasonably in fear of an imminent attack must be reasonable under the circumstances. Thus, an assault with fists does not justify the person assaulted to use deadly force, unless the person assaulted reasonably believes that the assault with fists is likely to cause great bodily injury or death. The law only presumes a person to have "reasonable fear of great bodily injury or death" when a person is confronted by an intruder entering or in one's home. In general though, a person who is not be in fear of great bodily injury or death still has the right to exercise self defense. However, a lesser danger justifies a lesser response.
A person threatened with an attack that justifies force in self defense need not retreat and may stand his ground and defend himself with all force as is reasonably necessary to repel the attack. A person may even pursue his attacker if it is necessary to secure his safety. These propositions apply even if the assaulted person might have more easily gained safety by running away.
When a citizen raises self defense as a defense to criminal charges, he may introduce evidence that the alleged victim had, on prior occasions, threatened or assaulted him. It is also true that a person who has been previously threatened or assaulted may act more quickly and take harsher measures than a person who hadn't been previously threatened or assaulted by the attacker.
The right of self defense ends when the attacker is disabled or when the danger ceases. A claim of self defense cannot be made by a person who starts an argument or fight in order to create the apparent need for self defense. Self defense is also not available to persons who engage in a violent confrontation by prearrangement, mutual consent, or an express or implied agreement to fight.
The above principles of self defense apply equally to the defense of other persons. The law formerly limited this right to defending only family members. Now, the law allows the defense of any person who is being unlawfully attacked.
The lawful owner or occupant of real property has the right to request a trespasser to leave the premises. The trespasser who refuses to leave within a reasonable period of time can be ejected with that amount of force that is necessary to prevent damage to property or injury to the lawful occupants.
Reasonable force may also be used in the defense of one's personal property, as long as the force is not excessive or unjustified.
When a person is injured or killed during a violent confrontation, the government is often quick to point the finger of guilt at the party who by defending himself caused the injury or death. A grieving family or injured victim can place substantial pressure on the government to punish the person responsible even if his actions were justified. The prosecution will often let sympathy overcome common sense.
Long Beach criminal law attorney, Matthew Kaestner has successfully defended charges of murder, attempted murder, and assault by raising self defense. Mr. Kaestner has achieved outright dismissals of felony assault charges at the early stages of the proceedings through cross-examination of alleged victims. Mr. Kaestner understands that raising this defense successfully requires experience, preparation, meticulous attention to detail, and a certain amount of finesse. Mr. Kaestner can be contacted directly at (562) 437-0200.
Long Beach's Criminal Law Specialist Matthew G. Kaestner is a criminal law attorney with over 23 years experience in all types of criminal law cases, including narcotics offenses, murder charges, white collar offenses, all felonies, DUI, domestic offenses, battery, and other serious criminal law matters.
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