Charged After Acting in Self-Defense in Los Angeles? You Have the Right to Fight Back.
Aggressive Self-Defense Legal Representation in Los Angeles. Murder, Attempted Murder, and Assault Charges Fought and Dismissed. 20 Years of Results.
Los Angeles
Self-Defense Attorney
If you have been charged with murder, attempted murder, or assault after acting in self-defense or in defense of another person, filing charges does not make you guilty. California law recognizes the right to use force, including deadly force, to protect yourself or others from imminent harm. Attorney Arash Hashemi specializes in self-defense cases and has spent over 20 years defending clients who acted to protect themselves and others, obtaining dismissals and charge reductions across some of the most serious violent crime cases in Los Angeles. Contact our office immediately for a free, confidential consultation with a criminal defense attorney who will listen to your side of the story, analyze the facts, and explain every option available to you.
California Self-Defense Law: What You Need to Know
California Penal Code § 198.5 codifies the right to use force in self-defense and defense of others. The law is grounded in a fundamental principle: a person is not required to accept or absorb a violent attack. Understanding exactly how California defines justifiable self-defense is the foundation of every case our firm handles.
To establish self-defense in California, the defendant must show:
- They reasonably believed they or another person were in imminent danger of being killed, suffering great bodily injury, or being touched unlawfully
- They reasonably believed the immediate use of force was necessary to defend against that danger
- They used no more force than was reasonably necessary under the circumstances
All three elements are judged by a reasonable person standard. The question is not whether the defendant was actually in danger, but whether a reasonable person in the same situation would have believed they were. Our firm builds the defense around the totality of the circumstances, including the history between the parties, the defendant’s physical situation, and everything they knew at the time of the incident.
Types of Self-Defense Claims Under California Law
Perfect Self-Defense: When a defendant had both an actual and reasonable belief that they faced imminent danger and that force was necessary to prevent harm, California law provides for a complete acquittal. The defendant is not guilty of any offense. Our firm pursues perfect self-defense arguments in every case where the facts support them and has obtained full dismissals of attempted murder and assault charges on this basis.
Imperfect Self-Defense: A defendant who had an actual but unreasonable belief that deadly force was necessary cannot claim perfect self-defense, but California law still recognizes a partial defense. Imperfect self-defense negates the malice element required for murder and reduces the charge to voluntary manslaughter. The practical consequence is significant — the difference between a murder conviction and voluntary manslaughter conviction can mean the difference between life in prison and a determinate sentence. Our firm has successfully applied this doctrine to achieve murder charge dismissals and substantial sentence reductions.
Defense of Others: The right to defend another person from imminent harm is treated identically to the right to defend yourself under California law. You must have reasonably believed the other person faced imminent danger and that force was necessary to prevent it. These cases arise frequently in domestic incidents, family altercations, and situations where a bystander intervenes to stop an ongoing attack. Our firm has obtained dismissals of felony battery charges on defense of others grounds.
The Castle Doctrine: Codified in Penal Code 198.5, the Castle Doctrine creates a legal presumption that a person who uses deadly force against an intruder who forcibly enters their home had a reasonable fear of imminent death or great bodily injury. There is no duty to retreat before using force in your own home. This presumption shifts the burden of proof and can be decisive in cases arising from home invasion incidents.
Stand Your Ground: California does not impose a duty to retreat before using force in self-defense, even in a public place. A person in a location where they have a legal right to be, who reasonably believes they face imminent harm, is not required to attempt to escape before defending themselves. This applies whether the incident occurred in a home, a vehicle, a workplace, or any public location.
Criminal Charges That Arise When Self-Defense Is Disputed
When law enforcement makes an arrest in a self-defense situation, the charges filed are frequently serious felonies that carry significant prison exposure. Our firm defends self-defense claims across all of the following charges:
- Murder (Penal Code § 187): 15 years to life or 25 years to life in state prison
- Attempted Murder (Penal Code § 664/187): life with the possibility of parole or 5 to 9 years
- Voluntary Manslaughter (Penal Code § 192(a)): 3, 6, or 11 years in state prison
- Assault with a Deadly Weapon (Penal Code § 245): 2, 3, or 4 years in state prison
- Assault with a Firearm (Penal Code § 245(a)(2)): 2, 3, or 4 years in state prison
- Robbery (Penal Code § 211): 2 to 6 years in state prison, strike offense
- Battery with Serious Bodily Injury (Penal Code § 243(d)): up to 4 years in state prison
- Criminal Threats (Penal Code § 422): up to 3 years in state prison
Many of these charges are strike offenses under California’s Three Strikes law. A conviction can mean decades in prison and a permanent strike on your record. Our criminal defense attorney pursues self-defense arguments at every stage of the proceedings, from the preliminary hearing through trial.
Self-Defense Case Results: What Our Firm Has Achieved
The following results demonstrate our firm’s record of success in self-defense cases across Los Angeles County. Every case is different, and prior results do not guarantee future outcomes. What these results demonstrate is our firm’s command of California self-defense law and our ability to present these arguments effectively at every stage of the proceedings.
Attempted Murder Charges Dismissed
Our client was charged with attempted murder after an incident where self-defense was claimed. The charge was initially reduced to attempted voluntary manslaughter with a gun enhancement that carried a significantly increased potential sentence. Attorney Hashemi filed a PC 995 motion challenging the charges. Following extensive oral arguments, the court determined that our client had acted in self-defense and dismissed the case. All charges were dropped. Superior Court of California, City of Los Angeles.
Murder Charge Dismissed on Imperfect Self-Defense
Our client was charged with murder under Penal Code 187(a), facing 25 years to life in state prison. The defense conducted a comprehensive investigation focused on establishing self-defense. The District Attorney agreed to dismiss the murder charge. Our client entered a plea to voluntary manslaughter under Penal Code 192(a) based on an imperfect self-defense argument, resulting in a sentence of six years rather than a potential life term. Superior Court of California, City of Los Angeles.
Robbery, Assault with a Gun, Extortion, and Criminal Threats All Dismissed
Our client faced multiple serious charges including robbery, assault with a gun, extortion, and criminal threats with enhancements, carrying a potential sentence exceeding 15 years in prison. Attorney Hashemi conducted a year-long investigation establishing that our client’s actions were taken in self-defense. The District Attorney reviewed the evidence and dismissed all charges. Superior Court of California, City of Riverside.
Felony Battery with Serious Bodily Injury Dismissed
Our client was charged with felony battery with serious bodily injury facing up to four years in state prison. At the preliminary hearing, the court determined that our client had acted in self-defense or in defense of another person and dismissed the charge. Our client was cleared of all wrongdoing. Superior Court of California, City of Los Angeles.
How Our Firm Builds Self-Defense Cases in Los Angeles
A self-defense case is only as strong as the investigation behind it. Our firm moves immediately after retention and builds the defense from the ground up.
- Scene Investigation and Evidence Preservation: Physical evidence disappears fast. Our criminal attorney conducts an independent investigation of the scene, secures surveillance footage before it is overwritten, and documents all physical evidence relevant to the self-defense claim from the earliest possible stage.
- Witness Identification and Interviews: Independent witnesses with knowledge of the incident, prior threats between the parties, or the alleged victim’s history of violence are critical to establishing that our client’s use of force was reasonable. Our firm identifies and interviews every relevant witness before accounts change or memories fade.
- Medical and Forensic Evidence: Injury patterns, wound locations, and forensic evidence speak directly to who was the aggressor and whether the force used was proportionate to the threat. Attorney Hashemi works with independent medical and forensic experts to analyze and present this evidence in support of the defense.
- Prior History Between the Parties: California law permits evidence of prior threats, prior violent conduct, and the history between the defendant and the alleged victim to establish the reasonableness of our client’s belief that force was necessary. Our firm investigates and presents this evidence at every stage of the proceedings.
- Expert Witnesses: Use-of-force experts, firearms experts, and medical experts play a significant role in complex self-defense cases by explaining to the court or jury why the defendant’s response was reasonable given the specific circumstances. Our firm retains independent experts across every relevant discipline when the case demands it.
- PC 995 Motions: At the preliminary hearing stage, our firm files PC 995 motions challenging charges that are not supported by the evidence, including self-defense arguments the prosecution has failed to adequately rebut. As our case results demonstrate, these motions have produced full dismissals before cases ever reached trial.
Why Self-Defense Cases Require Experienced Legal Representation
Self-defense cases are among the most factually and legally demanding matters in criminal defense. The outcome depends entirely on the quality of the investigation, the strength of the legal arguments, and the attorney’s ability to present the defense at every stage.
Law Enforcement Often Arrests the Wrong Person: Police responding to violent incidents frequently arrest the surviving party without a thorough investigation of who the actual aggressor was. The person left standing is often taken into custody by default, and individuals who acted entirely in self-defense are regularly charged with serious felonies as a result. Our firm challenges the factual basis for the arrest and the prosecution’s account of the incident from the first court appearance.
Los Angeles Prosecutors Do Not Back Down: A dismissal or acquittal on self-defense grounds requires an attorney who can present the defense at every stage of the case, challenge the prosecution’s evidence with precision, and take the case to trial when necessary. That is what our firm does.
Proportionality Is the Most Contested Issue in Most Cases: Even when the right to use some level of force is not in dispute, prosecutors routinely argue that the defendant used more force than the situation required. Successfully countering this argument requires:
- A thorough command of the physical circumstances of the confrontation
- Expert testimony on use-of-force standards where applicable
- Medical and forensic evidence establishing the nature of the threat the defendant faced
- Legal arguments grounded in how California courts assess proportionality in practice
Prior History Between the Parties Cuts Both Ways: When the parties knew each other, prosecutors introduce prior incidents as evidence that the defendant was the aggressor. Our firm challenges the admissibility of that evidence and uses California Evidence Code \u00a7 1103 to present the alleged victim’s own history of violence where it supports the reasonableness of our client’s response.
Why Clients Charged After Acting in Self-Defense Choose The Law Offices of Arash Hashemi
Self-defense cases require an attorney who investigates thoroughly, commands California self-defense law at every level, and has a demonstrated record of obtaining dismissals and acquittals on self-defense grounds. Our firm has been doing exactly that for over 20 years.
A Demonstrated Record of Self-Defense Victories: Our firm has obtained dismissals of attempted murder, murder, robbery, assault with a firearm, and felony battery charges on self-defense and imperfect self-defense grounds. These results were achieved through thorough investigation, strategic motion practice, and direct advocacy with prosecutors and courts. We do not just assert self-defense. We build and prove it.
Early Intervention Before Charges Are Finalized: In self-defense cases, early intervention is critical. Our firm contacts the prosecuting agency before charges are formally filed, presents the self-defense evidence, and advocates for no charges or reduced charges at the pre-filing stage. Several of our most significant self-defense victories were achieved before a case ever reached a courtroom.
One Attorney on Your Case from First Call to Final Resolution: At The Law Offices of Arash Hashemi, Attorney Hashemi handles your case personally from the first consultation through the final resolution. You will never be handed to a junior associate or left without answers. In a self-defense case where the facts and the law must be mastered in detail, having one experienced attorney with full command of your case is essential.
Contact a Los Angeles Self-Defense Attorney Today
If you have been charged with a violent offense after acting in self-defense or in defense of another person, do not speak to law enforcement without an attorney present and do not wait. The prosecution begins building its case from the moment of arrest and you need an attorney doing the same.
Attorney Arash Hashemi specializes in self-defense cases and has spent over 20 years defending clients in Los Angeles who acted to protect themselves and others, obtaining dismissals of attempted murder, murder, robbery, and felony assault charges on self-defense grounds.
Call our firm immediately or schedule a confidential consultation with Attorney Hashemi using our secure online system. We will review the facts of your case, explain your options, and build a defense strategy focused on protecting your record and your future.
Schedule a Free Consultation:
- Phone: (310) 448-1529
- Email: Info@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are conveniently located in the Westside Towers, serving clients across Los Angeles, Santa Monica, Beverly Hills, the San Fernando Valley, Long Beach, Pasadena, and all surrounding communities. Contact our self-defense attorney today. Your defense starts the moment you call.