California Criminal Defense Lawyer Blog

In People vs. Deiran Green, defendant was indicted for malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a felony after he punctured the femoral nerve of Jeffrey Waldon with a knife during a physical struggle between the two men. As an aggressive Orange County Criminal Defense Attorney, protecting all rights under the law is the first priority and this case is a good example of experienced, aggressive criminal defense law. Green filed a motion to dismiss the indictment on the grounds that he was immune from prosecution under the self-defense laws.

The Trial court found that Green, who rented a room from Waldon and his wife, was in the kitchen talking to Waldon's wife while he prepared dinner, using a butcher knife. Waldon came into the kitchen and became angry that Waldon was talking to his wife and ordered him to leave and told him he would refund his pre-paid rent money. Waldon then left the kitchen and walked to his bedroom. Green waited near the bedroom, still holding the butcher knife, and requested his refund. At this point, Waldon grabbed Green's wrists and head-butted Green in the face at which time the knife entered Waldon's leg, puncturing his femoral nerve.

The Court determined that Green never attempted to stab or injure Waldon; that he had taken the knife with him because he didn't trust Waldon and further that Green told Waldon he wasn't going to hurt him, that he just wanted his rent money. The trial court granted Green's motion finding that Waldon had assaulted Green, reasonably putting Green in fear for his life.

The State appealed the trial court's decision stating that there was no justification for the self-defense defense because the use of force is a necessary prerequisite and that there was no evidence that Green used force against Waldon. However, the appellate court confirmed the trial court's findings, stating that defendant would have been justified in using deadly force against Waldon to protect himself, although he was not required to do so in order to be immune from prosecution.

Self-defense is a legal defense that excuses conduct, which would otherwise be criminal. However, California self-defense laws are very specific and do not apply to all situations. The following are conditions that must be met in order to justify self-defense:

1. A reasonable belief that you are in imminent danger of being killed, seriously injured, or unlawfully touched.

2. A belief that immediate force is necessary to prevent that danger, and

3. That you use no more force than is necessary to defend yourself against that danger.

The true meaning of self-defense isn’t perfectly clear, but when asserted properly by an experienced criminal defense attorney, becomes a legal defense that can result in immunity against prosecution.