What is Legal Self-Defense?

Under California law, people have the right to use reasonable force to protect themselves or others against bodily injury or death. Any charge of assault requires that the prosecutor prove that any force used was not used in legal self-defense.  Stated another way, someone charged with assault or battery does not have to prove that they acted in self-defense.  Instead, it is the prosecutor’s duty to prove otherwise.  And this they must prove beyond a reasonable doubt! 

On the other hand, just because an alleged “victim” of an assault or battery hits first, or started the fight, doesn’t give someone the right to hit back. Also, words alone can never legally justifying a physical assault. The question always comes down to whether a judge or jury believes that the force used was reasonable under the circumstances. 

Of course any self-defense case depends upon the facts and how those facts are portrayed to the court through the presentation of admissible evidence.  

I have taken scores of self-defense case to court and jury trials, and perhaps more importantly, negotiated hundreds of favorable settlements where self-defense was a potential issue in a client’s case.  I would be happy to assist if you or a loved one is charged, or expected to be charged, with assault or battery.