Self defense is a fundamental legal right in California, but the situation becomes more complex when the person claiming self defense was the one who initiated the conflict. Many people find themselves in legal trouble after a confrontation escalates, and they wonder whether they can still claim self defense if they started the fight. This is a common issue, especially in heated situations where both parties contribute to the escalation. You may have acted out of frustration or fear, and now face criminal charges. Understanding how California law handles self defense claims—particularly for individuals labeled as the “aggressor”—is essential if you’re facing charges related to assault, battery, or even homicide.
In this article, we’ll explore how self defense works in California, when an aggressor can still assert this legal defense, what exceptions apply, and how an experienced criminal defense attorney can help protect your rights.
What Is Self Defense Under California Law?
In California, self defense is legally justified when someone reasonably believes they are in imminent danger of being harmed and uses only the amount of force that is necessary to prevent that harm. This includes defending oneself or another person from immediate physical danger. California law allows both non-lethal and, in some cases, deadly force, as long as the use of that force meets certain legal standards.
To successfully claim self defense, the following conditions must generally be met: the person must reasonably believe that there was an immediate threat of harm, they must believe that force was necessary to prevent that harm, and they must not have used more force than was reasonably necessary under the circumstances. If all of these elements are present, self-defense may serve as a complete legal defense to criminal charges.
What Happens If You Started the Fight?
California law generally holds that the initial aggressor in a confrontation cannot claim self defense. The term “initial aggressor” refers to the person who first uses force or threatens force in a physical altercation. This can include actions such as throwing the first punch, shoving someone, or initiating a physical threat.
However, there are exceptions to this rule. Even if you were the initial aggressor, you may still be able to lawfully claim self defense under certain conditions. These exceptions recognize that situations can escalate quickly and that the person who started the fight may later face a greater threat of harm.
Exceptions That May Allow an Aggressor to Claim Self Defense
You Clearly Tried to Withdraw
One of the most important exceptions under California law is when the aggressor clearly communicates a desire to stop the fight and attempts to withdraw, but the other person continues to attack. In this scenario, the person who initiated the conflict may regain the right to act in self-defense. The law recognizes that someone who no longer wishes to engage in violence should not be left vulnerable to further harm.
For example, if you pushed someone during an argument but then tried to walk away and said something like, “I don’t want to fight,” and the other person chased after you and attacked, you may be justified in using force to protect yourself at that point.
The Other Person Escalated the Conflict
Another situation where an initial aggressor might claim self defense is when the other party responds with a level of force that is much more severe than the initial act. For instance, if you slapped someone and they pulled out a knife and lunged at you, you may be allowed to use force to protect yourself—even though you started the physical confrontation—because the other person escalated it to a deadly level.
The key factor in this type of defense is proportionality. The force used in self defense must be reasonable under the circumstances. If the other person responds with deadly force to a non-deadly threat, your response may be legally protected as self-defense.
Mutual Combat with Withdrawal
In cases where both individuals willingly engage in a fight (referred to as mutual combat), neither has the automatic right to claim self-defense. However, if one person makes a genuine effort to stop fighting and communicates that intention, and the other person continues to attack, the person who tried to stop may be allowed to defend themselves lawfully.
How Courts Evaluate These Claims
If a self defense claim goes to trial, the court will consider several factors, including:
Who initiated the conflict
Whether the initial aggressor attempted to stop the fight
Whether the threat was imminent
Whether the use of force was proportionate to the threat
Whether deadly force was involved
The credibility of witnesses and any available video or physical evidence
It’s not enough to claim you felt threatened. The threat must have been immediate, and your response must have been reasonable. The prosecution will attempt to show that you acted out of retaliation or anger rather than legitimate fear.
“Perfect” vs. “Imperfect” Self Defense
In California, there are two types of self-defense that can affect the outcome of a case:
Perfect self defense occurs when all legal requirements are met. If successful, it can lead to a full acquittal of the charges.
Imperfect self defense applies when the person had an honest belief that they needed to use force, but that belief was not reasonable. This can serve to reduce a charge—for example, from murder to voluntary manslaughter—but will not result in a full acquittal.
For an initial aggressor, courts are more likely to consider an imperfect self-defense argument unless they can show that they withdrew from the conflict or were responding to an extreme escalation by the other person.
What the California Jury Instructions Say
California’s standard criminal jury instructions, known as CALCRIM, provide guidance on these issues. CALCRIM 3471 addresses the right to self defense for someone who initially provokes a fight but later tries to withdraw. CALCRIM 3472 explains that a person cannot claim self-defense if they started the fight simply to have an excuse to use force later. These instructions are important because they shape how jurors understand the legal boundaries of self-defense and how they apply to aggressors.
Scenarios
Consider a scenario where someone gets into a heated argument at a bar and throws the first punch. If the other person tackles them and continues to punch them while they are no longer resisting, and the initial aggressor responds with force to escape, that person might be able to argue self defense if they can show they attempted to end the fight.
In a road rage situation, if one driver exits their vehicle and confronts the other driver verbally, and that driver pulls a weapon, the first driver might be legally justified in defending themselves—despite initiating the encounter—because the other person escalated the situation.
In a domestic dispute, if one person pushes their partner during an argument and the partner responds with a deadly weapon, the initial push may not justify the partner’s escalation, and the original aggressor may still be able to assert a self defense claim depending on the facts.
Why You Need a Criminal Defense Attorney
If you are facing criminal charges for assault, battery, or any violent offense and you were involved in a physical altercation, you should not assume you have no legal defense. Even if you were the one who started the fight, there may be viable legal strategies to protect your rights.
An experienced criminal defense attorney can examine the facts of your case, evaluate whether any self defense exceptions apply, and develop a defense strategy that can reduce your charges or lead to a dismissal. These cases are highly fact-specific, and success often depends on a deep understanding of California law and courtroom procedures.
Call Southwest Legal Today
At Southwest Legal, we understand that not every confrontation is black and white. If you’ve been charged with a violent crime and are unsure of your legal options, we’re here to help. Our experienced criminal defense attorneys have successfully defended clients throughout Southern California in cases involving self defense, and assault allegations.
Contact us today for a free, confidential consultation. Let our experienced team protect your rights and fight for the best possible outcome in your case.
