When Force Is Used
Penal Code 835a — objectively reasonable force, and deadly force only when necessary in defense of human life
California sets its rule for police force in Penal Code section 835a. A peace officer who has reasonable cause to believe the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. The section opens with the Legislature's own findings: that every person has a right to be free from excessive use of force by officers acting under color of law, and that it intends deadly force to be used only when necessary in defense of human life.
Deadly force is justified for only two reasons. A peace officer is justified in using deadly force only when the officer reasonably believes, based on the totality of the circumstances, that it is necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person, or to apprehend a fleeing person for a felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes the person will cause death or serious bodily injury to another unless immediately apprehended.
- Imminent means a reasonable officer in the same situation would believe the person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury. It is not merely a fear of future harm, however great the fear.
- Totality of the circumstances means all facts known to the officer at the time, including the conduct of the officer and the person leading up to the use of deadly force.
- Where feasible, an officer makes reasonable efforts to identify themselves and to warn that deadly force may be used before using it, unless the officer has objectively reasonable grounds to believe the person already knows.
- An officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person poses no imminent threat of death or serious bodily injury to the officer or another person.
The decision to use force is judged from the perspective of a reasonable officer in the same situation, based on what the officer knew or perceived at the time rather than with hindsight, allowing for occasions when officers must make quick judgments. An officer making an arrest need not retreat because of resistance, though the section says retreat does not mean tactical repositioning or other de-escalation tactics. Penal Code section 196 makes a homicide by a peace officer justifiable when it results from force that complies with section 835a.
Every department must have a written force policy with set minimums. Government Code section 7286 requires each law enforcement agency to keep a use of force policy that includes, among other things: de-escalation and alternatives to force when feasible; force only proportional to the seriousness of the suspected offense or the resistance; a requirement that an officer intercede when present and observing another officer using force clearly beyond what is necessary; immediate reporting of potential excessive force to a superior; no retaliation against an officer who reports a violation; and procedures for citizen complaints about use of force.
A claim against a public entity has a six month window. A claim for death or for injury to a person against a public entity is presented not later than six months after the cause of action accrues. If the entity gives written notice of its action on the claim, a lawsuit must be commenced not later than six months after that notice is delivered or mailed; without that notice, within two years from accrual. Separately, Code of Civil Procedure section 335.1 sets two years for an action for assault, battery, or injury to an individual caused by another's wrongful act.
This is the statute, not an assessment. Whether any particular use of force was objectively reasonable, which deadline governs a claim, whether a federal claim exists beside the state one, and what immunities apply turn on facts and on case law these sections do not contain. A licensed California attorney, early rather than late, is who answers them.
Sources for this section (6)
- Penal Code 835a — Use of force by peace officers; deadly force
- Gov. Code 7286 — Law enforcement use of force policies
- Penal Code 196 — Justifiable homicide by peace officers
- Gov. Code 911.2 — Time to present a claim against a public entity
- Gov. Code 945.6 — Time to sue a public entity after a claim
- Code Civ. Proc. 335.1 — Two years for injury caused by another's wrongful act
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.