You are walking to your car in a dimly lit parking lot off Lankershim Boulevard. A stranger approaches aggressively. Under current California law, you generally have the right to stand your ground if you reasonably fear for your safety. But legislative proposals like Assembly Bill 1333 (AB 1333) seek to alter that calculation fundamentally. If such a bill becomes law, it would rewrite the rules of engagement for Californians, potentially forcing you to attempt to retreat before defending yourself.
At Wegman & Levin APC, we believe you need to know precisely where the line stands between lawful self-defense and a criminal charge. Our team monitors legislative changes in Sacramento because they directly impact how we defend clients in North Hollywood and throughout the San Fernando Valley.
The Current Standard: Stand Your Ground and Castle Doctrine
To understand how AB 1333 could change your rights, you must first understand the protections you currently hold. California is presently a “Stand Your Ground” state. This is not established by a single statute but by long-standing court decisions and jury instructions.
No Duty to Retreat. Under the current Judicial Council of California Criminal Jury Instruction (CALCRIM) 505, a defendant is not required to retreat. If you are in a place where you have a right to be, such as a public sidewalk or a grocery store, you can legally stand your ground and defend yourself. You can even pursue an assailant until the danger has passed.
The Castle Doctrine. Inside your home, your protections are even stronger. California Penal Code § 198.5 codifies the “Castle Doctrine.” This statute creates a legal presumption that you held a reasonable fear of imminent death or great bodily injury if someone forcibly and unlawfully enters your home. This presumption makes it significantly harder for prosecutors to charge a homeowner who uses force against an intruder.
What Does AB 1333 Propose?
Assembly Bill 1333, introduced in the 2025-2026 legislative session, seeks to narrow these justifications. The bill aims to prioritize “de-escalation” and “disengagement” over immediate force.
Imposing a Duty to Retreat. The most significant proposed change is the introduction of a “duty to retreat” in public spaces. The text of AB 1333 suggests that homicide would not be justifiable if the person was outside their residence and “knew that using force likely to cause death or great bodily injury could have been avoided with complete safety by retreating.”
If this becomes law, a jury in the Van Nuys Courthouse—which serves North Hollywood—would have to ask a new question: “Could the defendant have run away?” If the answer is yes, a self-defense claim might fail.
Restricting Defense of Habitation. The bill also proposes changes to defense within the home. It seeks to eliminate specific broad justifications for homicide “in defense of a habitation or property.” While you would still likely retain the right to defend your life, using lethal force solely to prevent someone from entering your property could carry higher legal risks. The presumption of fear provided by Penal Code § 198.5 could be weakened if the law demands you prove you exhausted other options first.
Strict Proportionality. AB 1333 reinforces that force must be proportional. It explicitly states homicide is not justifiable if a person uses “more force than necessary” to defend against a danger. While proportionality is already a factor in California law, this bill codifies stricter limits, potentially narrowing what a “reasonable person” is permitted to do in a high-stress situation.
Implications for North Hollywood Residents
These legislative proposals are not abstract theories. They would change real-world outcomes for our neighbors in North Hollywood.
Consider a scenario where a confrontation occurs at a local business or park. Under current law, your focus is on the immediate threat. Under the proposed standards of AB 1333, you would legally need to assess your exit routes before acting. If a prosecutor can argue you had a clear path to run away, a self-defense shooting could turn into a murder or manslaughter charge.
This shift places a massive burden on the person being attacked. In the heat of the moment, with adrenaline spiking, the state would expect you to make a calculated decision about “complete safety” and retreat routes.
Why You Need an Aggressive Defense
Laws change, but the aggressive nature of criminal prosecution does not. If a bill like AB 1333 passes, prosecutors will likely use the new language to file charges in cases that previously would have been considered clear-cut self-defense.
We see this often at Wegman & Levin APC. The police and the District Attorney’s office frequently make snap judgments at the scene. They may decide you “should have” walked away, even if you felt cornered.
Our firm takes a hands-on approach to these complex cases. We are a small team, meaning every attorney and staff member knows your file. We do not pass you off to junior associates. We scrutinize the evidence, visit the scene, and build a defense that challenges the prosecution’s narrative.
Whether the law stays the same or shifts under new legislation, the core of a self-defense case remains the “reasonable person” standard. We work to show the jury that your actions were necessary, rational, and justified under the specific circumstances you faced.
Preparing for Legal Shifts
While AB 1333 has sparked significant debate, its intent signals a growing trend to restrict self-defense rights in California. Gun owners and residents concerned about public safety must stay informed.
If you are involved in a self-defense incident, the first thing you say to law enforcement can determine the rest of your life. With potential changes looming, asserting your right to remain silent is more critical than ever until you have counsel present.
Contact Wegman & Levin APC
If you or a loved one is facing charges after a self-defense incident, do not wait to see how the law is interpreted. You need a team that thinks outside the box and fights aggressively for your future.
At Wegman & Levin APC, we are active participants in your defense. We stay in the loop, we communicate constantly, and we go the extra mile to secure a favorable outcome.
Call us today at 818-495-8330 for a free consultation.
