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February 6, 2025

Can You Defend Yourself Against a Cop in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Self-defense police encounters can be very complex, mainly when one feels treated unfairly. Can you defend yourself against a cop? In California, the law allows self-defense only at particular times, like when the officer’s actions have surpassed lawful boundaries. At Pointer and Buelna, LLP – Lawyers for the People, we’re here to clarify your rights and explain how these laws apply.

Can You Defend Yourself Against a Cop? Know the law in California

Yes, but under minimal circumstances. Self-defense is available if an officer uses excessive force; however, excessive force is difficult to establish, and the burden is on you to demonstrate that your actions were necessary to protect yourself.

Understanding California’s Self-Defense Laws

California’s self-defense laws protect against imminent harm. However, these laws do not grant a license to resist arrest in any form. If you are facing charges related to resisting or defending yourself during an encounter with law enforcement, understanding the nuances of these laws is critical.

Exceptions When Defending Yourself Against Law Enforcement May Be Legal

The major exception, according to California law, is when an officer uses excessive or unreasonable force. You may have a valid self-defense claim in such situations. For example:

• The officer’s actions must clearly exceed what is necessary to control the situation.
• Evidence, such as videos or witness testimony, is often crucial to proving excessive force.
• Courts will evaluate whether a reasonable person in your position would have acted similarly.

When Defending Yourself Against a Police Officer Becomes Illegal

While California law provides a narrow exception for self-defense, actions that interfere with an officer’s duties are generally considered unlawful.

Resisting Arrest Under California Law

California Penal Code Section 148 makes it illegal to resist, delay, or obstruct a police officer willfully. Although you may believe a police officer is acting unfairly, any physical resistance on your part can result in additional charges. Courts will regularly analyze whether any resistance was reasonably proportional to any threat.

The Risks of Using Force Against a Police Officer

Physical resistance against the police is always risky, even in self-defense.

Potential Legal Consequences

If you cannot prove excessive force, then you could face assault on an officer charges, among other severe charges under California law. These can be in the form of fines, imprisonment, or even both.

Risk of Escalating the Situation

Resistance can escalate encounters and risk injury. Remaining calm and documenting the incident is often a safer alternative to physical resistance.

How to Protect Your Rights Without Resorting to Violence

There are ways to exercise your rights in interactions with law enforcement and report police misconduct without resorting to violence.

De-escalation Strategies During Police Encounters

• Be calm. Avoid sudden movements.
• Assertively proclaim your rights while being respectful to the officer, as in asking whether you are free to go.
• Do not physically resist arrest or detention, even if you believe it to be unfair.

Filing Complaints or Lawsuits for Police Misconduct

You can file a complaint or lawsuit if your rights are violated. The ACLU of Southern California has guidelines related to documenting and reporting incidents involving law enforcement.

How an Attorney from Pointer and Buelna Can Help You if You Face Charges After a Police Encounter

The legal process following a police encounter can be daunting for anyone. At Pointer and Buelna, LLP, we represent victims of police misconduct and brutality. If you need help seeking justice, our team is here to fight for you. Contact us at (510) 929-5400 to discuss your case. Free consultation.