
Everyone has the right to self-defense when they feel threatened, but understanding when this defense turns into assault is crucial. Self-defense becomes assault when the actions taken in self-defense exceed what is reasonably necessary to protect oneself or others from harm.
In California, the law allows individuals to protect themselves if they believe they are in imminent danger of being hurt.
However, the line between self-defense and assault can blur if the force used exceeds what is legally justifiable. Knowing the legal boundaries is important to ensure your actions remain within the law.
At Hurwitz Law Group, we aim to cast reasonable doubt in the jury's minds. While the prosecution might claim that an alleged assault occurred, you are innocent until proven guilty.
If you faced a serious bodily injury, you could have been justified in using physical force. Learn more about self-defense below. Then, contact us at 323-274-1869 for a free confidential consultation.
Self-defense may become assault when a person uses force that is greater than what is reasonably necessary to stop a threat.
A person may lose a self-defense claim if they continue striking, kicking, or attacking someone after the danger has passed.
In many situations, a person who starts a fight may have difficulty claiming self-defense unless specific legal exceptions apply.
Self-defense generally requires a reasonable belief that immediate harm is imminent. If no immediate threat exists, the use of force may be viewed as assault.
In California, self-defense is legally defined as the right to prevent suffering force or violence through a reasonable amount of force or violence.
This means that if someone is attacking you, you have the right to defend yourself, but the level of force must be appropriate to the threat. California law does not require you to retreat; you may stand your ground and defend yourself. This right is crucial for the protection of one's personal property.
However, self-defense must meet specific criteria:
To claim self-defense, you must show you were defending yourself against imminent bodily harm. Using too much force could pose problems for your case. We can help you claim self-defense in cases of physical harm.
California law allows a person to use force to defend themselves when they reasonably believe they are in immediate danger. However, self-defense has limits, and a lawful act of protection can become assault if the force used is unreasonable, excessive, or continues after the threat has ended.
CALCRIM No. 3470 explains when self-defense may apply in California. A person may claim self-defense when they reasonably believed they were in imminent danger of being touched unlawfully or suffering bodily injury, reasonably believed force was necessary to defend against that danger, and used no more force than was reasonably necessary.
This means three key points matter:
Self-defense becomes legally risky when the response is disproportionate to the threat. For example, pushing someone away during an attack may be reasonable, but continuing to hit someone after they stop fighting may be viewed as excessive force. California law focuses on whether the amount of force used made sense under the circumstances.
Self-defense usually applies only when the danger is occurring now or imminent. A past threat, a future threat, or an insult is usually not enough to justify the use of physical force. If there was no immediate danger, prosecutors may argue that the act was not self-defense and should instead be treated as assault.
Yes. Police may arrest someone even if they claim self-defense. Whether the force was legally justified is often decided later by prosecutors, judges, or juries after reviewing the evidence.

Self-defense is a legal justification for using force when you are protecting yourself or others from harm. However, understanding when self-defense is legally justified is crucial to ensure your actions remain within the bounds of the law. Here are some situations where self-defense may be considered justified:
If an intruder enters your home, California law typically permits you to use force to expel them. This is because your home is your sanctuary, and the law provides strong protection under these circumstances.
If you witness someone committing a violent felony such as rape or armed robbery, you are justified in using reasonable force to prevent it. This use of force is considered necessary and proportionate to the harm being prevented.
If someone is attacking you and you face imminent danger of bodily injury, using physical force to defend yourself is justified. The force must be enough to prevent the injury but not so much that it becomes excessive.
You can use force to protect someone from imminent harm, much like you would defend yourself. This is particularly true if the person you defend cannot protect themselves.
If someone threatens you with deadly force, such as brandishing a weapon, you can respond with proportionate force to neutralize the threat. This might include using a weapon yourself if necessary and legally justified.
| Situation | Likely Self-Defense? |
| Someone punches you, and you push them away | Usually Yes |
| Someone punches you, and you continue beating them after they stop | Possibly No |
| Someone threatens you but makes no move toward you | Depends |
| Someone attacks you with a weapon, and you defend yourself | Often Yes |
| You start the fight and later claim self-defense | More Difficult |
Reasonable force is necessary to safely repel an attack and prevent further harm without becoming the aggressor. The force used must match the level of the threat. For example, if someone shoves you, responding with a gunshot is not reasonable. The law expects the response to be proportional to your threat.

Self-defense turns into assault when the force used exceeds what is necessary to neutralize the threat. This can happen if you continue to attack an assailant who has already been subdued or is no longer a threat. When self-defense is claimed, the key factor is whether the actions taken were reasonable given the situation.
Using more force than necessary can lead to assault charges, even if the initial response was in self-defense. If, for instance, an assailant retreats or is incapacitated, and you continue to apply force, this could be considered assault. The law protects only those who use force as a defense, not as a means of retaliation or punishment.
Once the threat has been stopped, any continued use of force is considered unnecessary and can be legally classified as assault. For example, if an attacker is on the ground and no longer poses a threat, hitting them could result in assault charges. It is crucial to cease the use of force once the threat is eliminated.
If you escalate a situation or initiate the use of force without an immediate threat to yourself or others, you may be charged with assault. Self-defense claims must be based on a real and immediate threat, not a perceived future threat or a non-threatening situation. Understanding this distinction is vital to avoid legal repercussions.
To successfully claim self-defense, we must meet specific legal requirements that demonstrate your actions were justified. These elements help establish that your use of force was necessary and appropriate under the circumstances.
Here's what we must prove to support a self-defense claim:
If we successfully prove self-defense, the charges against you could be completely dismissed.
Given the circumstances, the court's outcome means it recognizes that your actions were justified. Successfully proving self-defense absolves you from any criminal liability related to the alleged assault. A strong affirmative defense could make a difference in your case.

When claiming self-defense, having a skilled lawyer on your side can make a significant difference in the outcome of your case. A legal professional understands the intricacies of self-defense law and ensures your rights are fully protected throughout the legal process.
Here’s why having a lawyer is essential for supporting your self-defense claim:
Yes. Police may still arrest you if they believe a crime occurred. Whether your actions were lawful self-defense often depends on the evidence and the specific circumstances of the incident.
Excessive force is force that goes beyond what was reasonably necessary to protect yourself. Continuing to use force after the threat has ended may weaken a self-defense claim.
Generally, a person who starts a confrontation may have difficulty claiming self-defense. However, exceptions may apply in certain situations depending on how the incident unfolded.
Surveillance footage, witness statements, medical records, photographs, 911 recordings, and other physical evidence can help support a self-defense claim.
Yes. An experienced criminal defense attorney can protect your rights, evaluate the evidence, identify available defenses, and help build the strongest possible case on your behalf.

If you're facing assault charges and believe you acted in self-defense, Hurwitz Law Group is here to advocate for you. Our experienced criminal defense attorneys are ready to help you navigate the complexities of your case and advocate for your rights. We have a history of successful case results and strong client reviews. Let us help you form the best possible legal defense.
Contact us today at 323-274-1869 for a free case review.

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