San Diego Criminal Lawyers Blog
A woman confided in her brother about her husband’s threats and abuse. They mulled over various ways to eliminate her abuser, who had dragged her through dog feces, gripped her hand in order to break the glass she was holding, causing the shards to slice her hand, pulled her hair, and punched her. Worse yet, he had threatened to murder their two children when she left him once. The woman had twice called the police to report the domestic violence but discovered that officers appeared unwilling to do anything more than advise the couple to work out their problems. That led the woman’s brother to take matters into his own hands, and after some friends lured his sister’s abusive husband to a remote site, he shot and killed the man. Both the abuse victim and her brother went to prison with life sentences. That was in 1984. The brother died in prison. The woman is still there.
The Castle Doctrine
Four decades later, not a lot has changed when it comes to women killing their abusers. The castle doctrine– a 17th-century law that embraced its European homeland– gives any man the right to protect himself and his property—which includes his wife and children– when attacked. When not within the confines of his home, conversely, a man was expected to retreat when attacked. But that all changed in 1876 with the development of the true man doctrine. It stated that a “true man” would never retreat from a conflict. This developed into states creating stand your ground laws in 2005. Such laws give people in some states the right to defend themselves in their homes, cars, hotel rooms, and so forth when under attack, as well as in public spaces. However, in California, public spaces are a different matter, and retreating is required if lethality is not necessary. At any rate, these laws were not written to apply to domestic violence situations because both individuals in a home have the right to be there. In other words, one can protect oneself from dangerous threats originating from outside the home but not from those spewing up inside, where victims of domestic violence are at the greatest risk.
Laws Today
Anyone experiencing domestic violence should know that there are three precepts of law that come into play when pleading self-defense: imminence, reasonableness, and proportionality. A victim must fear grave harm or death for oneself or others in the home, must act reasonably, and must no more than proportional violence. In other words, lethal force is not a legal alternative unless one has a reasonable fear that it is the only way to survive—and the lethal force must occur in the moment of a confrontation—not hours, days, or weeks later. Even then, who knows how a jury will interpret events? Regardless of the time, circumstances, or place, after killing an abuser, the only way to secure your future is with the help of an aggressive and experienced criminal defense attorney by your side.
Seek Interventions
The heavy-hitting criminal defense attorneys at Boertje & Associates have the tools and creativity to fight for you. Schedule a confidential consultation in our San Diego office today.