Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Is Self-Defense Your Best Response to a Charge of Domestic Violence in California?

Most people who’ve lived with a significant other know that arguments can happen as the result of the littlest disagreement. There are plenty of examples out there, from the 50-year-old woman who stabbed her 61-year-old partner with a pen because he ate all her salsa to the woman who got into a fight with her boyfriend over the air conditioner and ended up stabbing him.

If you find yourself in this situation, can you fight back? What happens if you’re doing just that – defending yourself – and you’re arrested for domestic violence? The answer isn’t that simple. Read on to learn more and then get a free legal evaluation from Law Office of Michael L. Fell by calling (949) 585-9055.

How self-defense works in California

In the state of California, you can’t be convicted of a violent crime like domestic violence if you’re able to prove that you were acting to defend yourself. However, doing so can be complicated. In order to successfully prove self-defense, your criminal defense attorney must be able to prove that it was reasonable for you to believe you were in imminent danger, that it was reasonable for you to believe that force was necessary to defend yourself, and that you didn’t use more force than was necessary.

Note that in California, self-defense is covered under a stand-your-ground rule, which means that we don’t have to prove that you could have fled. Instead, it is legal for you to act in self-defense as long as you really were in danger.

Why proving self-defense can be so tricky

The tough news is that proving you were acting in self-defense can be complicated. First of all, it’s an affirmative defense. This means that the burden is on you and your criminal defense attorney to prove that you were acting in self-defense. This doesn’t mean that the prosecution has to work harder because they are under no obligation to prove that you weren’t defending yourself.

Second of all, if you’re charged with domestic violence then it’s simply a reality that many people on a jury may be predisposed to believing that you are guilty and that you weren’t defending yourself. You were the one that was charged with the crime, and so jury members may assume that you’re the criminal in this case. This can be especially difficult if you look as though you’re physically stronger than the person you were defending yourself against.

The right attorney can help you

Does this mean that if you were defending yourself you shouldn’t claim self-defense? Of course not. It simply means you need a qualified attorney to help you. Right now is the best time to call Law Office of Michael L. Fell at (949) 585-9055. During your free evaluation, we’ll consider the evidence against you, will briefly go over the facts, and will present you with options to move forward. Now is the time to get expert help on your side.