Index
Self-DefenseCalifornia

Self-Defense and No Duty to Retreat

Summary

California does not have a 'Stand Your Ground' statute, but state jury instructions and case law establish that a person has no duty to retreat if they are resisting a forcible and atrocious crime.

Rights & Rules

  • 01.
    You can stand your ground and defend yourself with proportionate force.
  • 02.
    You may pursue an assailant until the danger of death or bodily injury has passed.
  • 03.
    Applies even if safety could have been achieved by retreating.

Penalties

  • 01.
    Murder or Manslaughter charges if the force is deemed excessive or the threat not imminent.

Verified Citations

CALCRIM No. 505 / People v. La Voie

Source
"A defendant is not required to retreat. He or she may stand his or her ground and defend himself or herself and, if reasonably necessary, pursue an assailant..."