A confrontation can escalate in seconds. Someone threatens to harm you a loved one, and you react instinctively in defense. By the time police arrive, eyewitnesses may have conflicting stories about what happened and how it started.

If you get arrested for aggravated assault after defending yourself, that doesn’t automatically mean your use of force was unlawful. California recognizes your right to protect yourself and others in appropriate circumstances. The distinction between lawful self-defense and criminal conduct frequently lies in details that an experienced attorney can investigate and present on your behalf.

How California Defines Assault

Depending on the circumstances surrounding an altercation, it can expose you to serious criminal consequences, particularly when prosecutors allege that you used a weapon or acted in a way that was likely to cause significant injury.

Under California law, assault does not necessarily require you to injure or even physically touch another person. Generally, an assault involves an unlawful attempt, coupled with the present ability, to apply force to someone else. The word “unlawful” is pivotal because the state’s self-defense laws recognize that you may have a legal justification for using reasonable force against another person if they pose a threat.

You can increase your use of force if a trespasser resists or puts you in danger, but only proportionally. Here’s how California law interprets the right to self-defense.

• No duty to retreat: California law does not require you to retreat before defending yourself. You may stand your ground and respond.
• Imminent threat required: The danger must be immediate. For instance, someone vaguely threatening to harm you at some point in the future does not qualify. Also, remember that self-defense is not a justification for retaliation or revenge.
• Proportional force: The amount of force used must be proportional to the situation. Deadly force is only justifiable to prevent death or severe bodily injury. For example, pushing someone away when they try to strike you may have different legal consequences from continuing to attack that person after they stop threatening you.

“Reasonable” Is a Crucial Distinction

Having the right to defend yourself does not give you unlimited authority to use force, and that’s where assault cases can become complicated. Police officers responding after the fact may see injuries without witnessing what led to them. One person may claim to be the victim while the other insists they were merely protecting themselves. Your attorney’s job is to reconstruct the complete picture.

California’s self-defense principles also extend to the defense of another person. If you see someone attacking your spouse, friend, child, or even a stranger, intervening may be justifiable if you reasonably believe that person faces imminent harm and that your use of force is necessary to protect them. However, as with defending yourself, your response must not be excessive under the circumstances.

What if Both Parties Claim the Other Started It?

When police arrive after a fight, they may have to make quick decisions based on injuries, witness statements and what each person tells them. Those initial conclusions are not necessarily the complete story.

The sequence of events is critical. Evidence showing who initiated the confrontation, whether the threat was ongoing, and when you stopped applying force can establish whether your actions were defensive rather than criminal.

Your defense attorney may investigate:

• Security or surveillance footage
• Your text messages, call logs, and social media history
• Photographs of injuries
• 911 recordings
• Eyewitness accounts
• Medical records
• Physical evidence from the scene

What if You Acted in Self-Defense but Still Got Arrested?

Do not assume that an arrest means police or prosecutors have already proven you committed assault. An arrest is the beginning of a criminal case, not the conclusion of what happened.

Do not attempt to persuade police you are innocent without first speaking to an attorney. Statements you make while you are frightened, angry, or confused can contain inconsistencies that prosecutors may later try to use against you. Instead, politely say you wish to exercise your right to remain silent, then seek experienced legal representation as soon as possible.

Building a Self-Defense Case

When you and someone else tell dramatically different stories, you need an experienced advocate who knows how to create the context self-defense cases often hinge on. Your attorney needs to understand what you saw, what you knew about the other person, what happened immediately before you chose to use force, and why you believed you were acting to protect yourself or someone else.

You should not have to worry about the consequences of a criminal conviction after responding to an immediate threat. Southern California defense attorney Sal Ciulla brings his decades of experience to serious assault and violent crime cases. He will carefully investigate the circumstances surrounding your arrest, scrutinize the prosecution’s version of events, and identify evidence demonstrating that you acted within your legal rights. Schedule a consultation to learn more.