Legal Question in Criminal Law in California

I’d appreciate your insight on a self-defense question involving a recent incident I witnessed.

While observing a shoplifting in progress, I did not intervene or confront the individuals involved. However, I did use my phone to document the scene, including photographing the suspects and their vehicle license plate. As I was doing so, the situation escalated: one occupant exited the vehicle and aggressively approached me, challenging me to a physical fight. A second individual threw a water bottle at me, and a third approached while visibly displaying a canister of pepper spray.

Given this sequence of events—verbal threats, a thrown object, and the implied threat of chemical force—would deploying a taser in self-defense under these circumstances likely be considered excessive force under California law? I did not engage physically, but I want to understand the legal boundaries of proportional response in such a scenario.


Asked on 8/25/25, 4:35 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Using force in self defense [fists, objects, weapons, etc] is only justifiable if you can't avoid the problem, or deescalate it, and 'reasonably' fear for your safety or life in an unavoidable 'imminent' attack, and use no more force than necessary to to 'stop the attack', all in the eyes of the investigating law enforcement officers, the district attorney, percipient witnesses, and then the 'common man' juror. Escalating the force could make you the 'offender'. A Taser could be considered a potentially leathal weapon. Your attorney could argue reasonableness and necessity in court if you are charged, but the jury has the last word. You need to learn the laws in your jurisdiction on self defense and on use of Taser and other supposedly 'non lethal' weapons. There are many self defense training courses, some specifically for Taser use or firearms.

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Answered on 8/26/25, 3:00 pm


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