WHAT IS SELF DEFENSE

WHAT IS THE SELF DEFENSE IN THE STATE OF CALIFORNIA. NOW IF YOU AND I AURGE OVER THE PHONE AND I COME TO WERE YOU ARE WITH ANOTHER PERSON AND KILL YOU IS THAT SELF DEFENSE?

Pittsburg, CA -

Attorney Answers (5)

John Paul Thygerson

John Paul Thygerson

Criminal Defense Attorney - Norwalk, CT
Answered

Let me get this straight: you are asking if you can assert a claim of self defense if you argue with someone over the phone, hang up with that person, enlist another person to travel with you, go to the location of the person you argued with previously and then kill that person because of the argument? Are you serious? In a word, the answer is "NO".

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Chris J Feasel

Chris J Feasel

Criminal Defense Attorney
Answered

On your facts, no. There may be extenutating circumstances, sure, but you would need an attorney to ferret those out.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
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Shawn Michael Haggerty

Shawn Michael Haggerty

Criminal Defense Attorney - Hacienda Heights, CA
Answered

No, but DK can help you.

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Frank Mascagni III

Frank Mascagni III

Criminal Defense Attorney - Louisville, KY
Answered

The simple answer is NO. You cannot use deadly physical force UNLESS your life is in threat or you are in danger of serious physical injury that is imminent in most states. Words do not equal use of deadly force. I don't practice in CA, but we have many criminal defense lawyers from CA on this avvo website that may respond.

In my state, KY we have a statute that deals with the use of force in self defense which may assist you:
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION

Current through 2012 First Extraordinary Session

§ 503.050. Use of physical force in self-protection - Admissibility of evidence of prior acts of domestic violence and abuse

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.

(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.

(4) A person does not have a duty to retreat prior to the use of deadly physical force.

Cite as KRS 503.050

History. Effective: July 12, 2006
Amended 2006, Ky. Acts ch. 192, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 30, effective January 1, 1975.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION

Current through 2012 First Extraordinary Session

§ 503.055. Use of defensive force regarding dwelling, residence, or occupied vehicle - Exceptions

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) of this section does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used;

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
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Deborah C Anderson Esq

Deborah C Anderson Esq

Criminal Defense Attorney - Washington, DC
Answered

Perhaps your confusion comes about because of the many so-called stand-your-ground laws that are on the books in some states. In the past, you would have had a duty to retreat from danger before using deadly force to defend yourself. In other words, you were required to try to leave the scene to get away from the trouble at hand. With stand-your-ground laws, there is no duty to retreat. The standard that a reasonable person would find his/her life in danger before using deadly force still stands. In no case are you allowed to seek out the person and kill him or her. That is called murder, plain and simple.

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