What are the requirements to prove the defense of "self-defense"??

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What are the requirements to prove the defense of "self-defense"??

Attorney Answers

9
David Greenberg ·
this is actually a misleading question - defense's never have to "prove: anything - it is the DA who must prove that the conduct was "not" in self-defense! In short, however, self defense can occur when harm is imminent, and the response is commensurate (equal) to the threat, which can be real (reasonable) or simply subjectively perceived.
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Kresta Daly ·
Its factually specific but generally a defendant has the right to protect themselves or another person. They have to have acted reasonably and used an appropriate amount of force under the circumstances. When a person is entitled to use self-defense can be complicated. Its not the kind of issue a lawyer can respond to in a vacuum - we need specific facts [which you should not provide in a public forum]. If this questions pertains to a real life situation you should contact a lawyer.
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Arnold Gross ·
Self defense is reasonable force to protect self or property. If this is more than a hypothetical question, you should set up an appointment to meet with an experienced criminal defense attorney.
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David Kestenbaum ·
Self defense is fact driven; the Judge won't instruct on it unless you establish certain elements. You can do research in Caljic, the book of jury instructions for California. The danger in this type of defense is that you have to admit the act and prove that it was necessary to defend yourself. Please give us the particular facts of your case for a better answer.
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Michael Lukehart ·
You need to talk to an attorney for specifics regarding your case. Do not post any facts or identifying information in a public forum: you may make admissions you will regret later.
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Victoria Clemans ·
The burden shifts to the Pros to show that it WASN'T self defense. You can even mistakenly allege self-defense and still be within your rights to claim same. Best.
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Marcus Musante ·
"To prove" - see above. To work at trial - almost certainly, accused will have to testify.
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Anthony Roach ·
The jury instruction for non-homicide self defense is at the following link: https://www.justia.com/criminal/docs/calcrim/3400/3470.html It sets forth the elements. The specific elements may be different depending on what the charged crime is.
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John Bohren ·
You've received a lot of great advice here- I have a trial coming up where my client defended himself. It's ALL ABOUT THE FACTS of the case. The requirements are essentially "did you 1. believe you were in danger of imminent harm, and 2. use no more force than was necessary to quell that danger. Hire an attorney. Use to help find one in your area!
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