Homicide is one of the most serious criminal charges in the California justice system. But not every instance of taking another person’s life is treated the same under the law. In specific circumstances, California recognizes the legal concept of justifiable homicide—a defense that, if proven, can result in the complete dismissal of criminal charges.
At Simmons Wagner, LLP, we understand the complexities of violent crime cases and the high stakes involved. Here’s a closer look at when homicide may be considered legally justifiable in California—and what anyone facing such an allegation needs to know about mounting a strong defense.
What Is Justifiable Homicide?
Justifiable homicide refers to the intentional killing of another person under circumstances that the law considers excusable—usually because the act was committed in self-defense or defense of others. While the concept may seem straightforward, successfully arguing justifiability in court requires meeting strict legal criteria and providing substantial evidence.
California law outlines two primary categories of justifiable homicide:
- Self-defense or defense of another person
- Defense of home or property under specific threats
Self-Defense and Defense of Others
California Penal Code § 197 permits a person to use deadly force if:
- They reasonably believed they or someone else was in imminent danger of being killed, seriously injured, or the victim of a forcible and atrocious crime (like rape or armed robbery), and
- The use of deadly force was necessary to prevent that harm.
The key word is reasonable. The belief must be something a typical person in the same situation would have felt. Additionally, there must be no reasonable alternative—such as retreat or calling for help—instead of using lethal force.
A few important notes:
- The threat must be imminent, not speculative or in the future.
- If the person claiming self-defense was the initial aggressor, this defense may not apply unless they attempted to withdraw and communicated that intent.
- Excessive force—beyond what was necessary—can invalidate a self-defense claim.
Defense of Home and Property
In limited situations, California law may also allow justifiable homicide when defending one’s home. This falls under the Castle Doctrine (California Penal Code § 198.5), which states that:
- A resident is presumed to have a reasonable fear of imminent harm if someone forcibly and unlawfully enters their home.
- The resident may use deadly force to defend themselves and others inside the home.
However, this protection doesn’t extend to situations where the person using deadly force invites the intruder in or uses lethal force against someone leaving the premises or posing no ongoing threat.
What Evidence Supports a Justifiable Homicide Defense?
To successfully argue that a homicide was justifiable, a strong legal defense must include:
- Eyewitness testimony supporting the claim of threat or aggression
- Physical evidence (such as injuries, weapon placement, or surveillance footage)
- Medical and forensic reports consistent with the self-defense narrative
- A lack of premeditation or provocation by the defendant
The court or jury must be persuaded that a reasonable person would have responded the same way in the same situation.
Why Legal Representation Is Crucial
Because justifiable homicide defenses rely so heavily on legal nuance and evidence interpretation, it’s essential to work with attorneys experienced in violent crime defense. At Simmons Wagner, LLP, our legal team understands how to:
- Investigate the incident thoroughly
- Present compelling evidence to support self-defense or Castle Doctrine claims
- Challenge the prosecution’s version of events
- Protect your rights at every stage of the case
We handle these high-stakes cases with discretion, urgency, and precision.
Facing Homicide Charges? Call Us Immediately
If you or a loved one is being investigated or charged in a homicide case, don’t wait. Time is critical, and early intervention can shape the entire course of your defense. Call (949) 439-5857 today to schedule a confidential consultation with Simmons Wagner, LLP. We’ll help you understand your rights, your options, and your best path forward.