If someone is attempting to steal from you, it is important to understand your rights when it comes to defending your property with force. In California, Penal Code 693 and California’s criminal jury instructions (CALCRIM 3476) allow you to use reasonable force to protect your property from theft or damage. However, deadly force is only justified if there is an immediate threat to your life or the life of another person.
While it may seem like an easy decision to defend your belongings, California law draws a clear line between reasonable force and excessive force. Using more force than necessary can result in serious criminal charges, such as assault with a deadly weapon, battery, or manslaughter. Understanding when and how to defend your property can be a complex legal matter, and it’s crucial to avoid making decisions in the heat of the moment that could lead to severe legal consequences.
Legal Definitions of Property Defense
Under California law, several statutes and jury instructions describe your right to protect what belongs to you. Penal Code 693 allows you to use force to prevent an illegal attempt to take or damage property in your lawful possession. Penal Code 197 outlines the limited situations where deadly force is justified, and California’s criminal jury instructions describe the limits of non-deadly defense.
Let’s describe the most relevant elements below:
- Real and Personal Property: This refers to your land, your home, your vehicle, and any personal belongings inside or outside your property.
- Reasonable Force: Only the amount of force a reasonable person in the same situation would believe was necessary to stop the threat to your property. Learn more about what counts as reasonable force in California.
- Deadly Force: This involves any force likely to cause death or great bodily injury, such as firing a gun or using a knife. Under California law, protecting property alone, like a car or a television, does not justify taking a human life. You cannot use deadly force solely to protect property.
Elements of the Crime and Your Defense
In order to be convicted of an assault or battery charge when you were protecting your property, the Los Angeles County prosecutor has to prove, beyond a reasonable doubt, all the elements of the crime. Once defense of property is raised, the prosecutor must also prove beyond a reasonable doubt that you did not act lawfully. A jury will look at whether:
- You had a lawful right to the property being threatened;
- You reasonably believed that someone was about to steal, damage, or trespass on your property;
- You reasonably believed that the immediate use of force was necessary to defend that property;
- You used no more force than was reasonably necessary to defend against that danger.
Stand Your Ground and the Castle Doctrine
California is a “Stand Your Ground” state. This means that if someone is trying to steal your property in public or on your land, you have no legal duty to retreat. You are entitled to stand your ground and use reasonable, non-deadly force to prevent the theft. Learn more about California’s Stand Your Ground law. If someone is trespassing but not threatening anyone, you must first ask them to leave before using reasonable force to remove them (CALCRIM 3475).
Furthermore, under California’s Castle Doctrine (Penal Code Section 198.5), if an intruder unlawfully and forcibly enters your home while someone is inside, the law presumes you had a reasonable fear of imminent death or great bodily harm. In these high-stakes home defense situations, you have much broader legal protections to use force to defend your household and everyone inside it.
Proven Case Results from Our Law Firm
At The Law Offices of Arash Hashemi, we understand the thin line between lawful defense and criminal charges. We have a proven track record of getting charges reduced or dismissed in cases involving self-defense and defense of others, including these recent results:
- Attempted Murder – DISMISSED: Our client was charged with attempted murder after an incident involving a self-defense claim. Attorney Arash Hashemi filed a Penal Code 995 motion, and after reviewing the evidence, the court found the client acted in self-defense and dismissed the case.
- Robbery, Assault with a Firearm, and Related Charges – ALL CHARGES DISMISSED: Our client faced more than 15 years in prison. After a year-long investigation, Attorney Hashemi presented evidence supporting self-defense, and the District Attorney determined the client’s actions were justified and dismissed all charges.
- Felony Battery Causing Serious Bodily Injury (PC 243(d)) – DISMISSED: At the preliminary hearing, the court found the client acted in self-defense or in defense of another, and the charge was dismissed.
See more of our case results. Prior results do not guarantee a similar outcome.
Charged After Protecting Your Property? Talk to a Los Angeles Criminal Defense Attorney
If you are facing criminal charges related to the use of force in defense of your property, it is critical to have an experienced Los Angeles criminal defense attorney on your side. During your free consultation, available online or in person, we’ll review the details of your case and give you a clear assessment, so you know exactly what to expect.
Attorney Arash Hashemi brings over 20 years of criminal defense experience to your case and focuses on complex self-defense and property defense cases. We understand the inner workings of the Los Angeles court system and will work to show that your actions were reasonable under the circumstances. We can advise you on your next steps, look for options like pre-filing intervention before your case reaches a judge, and work to protect your rights, reduce charges, and help you avoid the harshest penalties.
Call The Law Offices of Arash Hashemi today at (310) 448-1529 or schedule a free consultation online to speak directly with an experienced attorney about your case. Our office is located at 11845 W Olympic Blvd #520, Los Angeles, CA 90064.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
