Can a Bully Claim Self-Defense?

September 24, 2009

California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. The threat must be immediate and a person must use no more force than is reasonably necessary to thwart the attack.

But what if someone starts a fight? Can he claim self-defense as a legal defense against criminal charges?

For example, suppose Sam walks up and starts punching Robbie. Robbie starts punching back. Sam continues his attack, claiming now that he's defending himself. Can he do this?

Well, first of all, Sam's initial attack was clearly not self-defense...so for that he could get prosecuted for assault and battery at the least. But once Robbie starts fighting back, does the defense of self-defense kick in?

California law allows self-defense by an aggressor, but only if two conditions are met. First, Sam must actually and in good faith try to stop fighting. Second, he must communicate to Robbie that he wants to stop (or has stopped) fighting. If Sam does both of these and Robbie continues to fight, Sam can now fight back in lawful self-defense.

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