Self-Defense Laws in California

Stand your ground (case law and the standard jury instruction). California's pattern self-defense instruction tells jurors: "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/bodily injury/<insert crime>) has passed."

"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred." Great bodily injury means a significant or substantial physical injury. Separately, Penal Code § 197 makes homicide justifiable when committed in defense of habitation, property, or person against one who manifestly intends or endeavors, by violence or surprise, to commit certain crimes.