Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE / CHAPTER 5. Arrest, by Whom and How Made
California Codes

Cal. Penal Code § 835a (2026)

✓ current as of May 2026
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(a)The Legislature finds and declares all of the following:

(1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.

(2)As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.

(3)That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.

(4)That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.

(5)That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.

(b)Any peace officer who has reasonable cause to believe that 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.

(c)(1)Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:

(A)To defend against an imminent threat of death or serious bodily injury to the officer or to another person.

(B)To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.

(2)A peace 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 does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.

(d)A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other de-escalation tactics.

(e)For purposes of this section, the following definitions shall apply:

(1)“Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.

(2)A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.

(3)“Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force.

Notes of Decisions
Cited in 47 cases (15 in the last 5 years), 1967–2026 · leading case: Hernandez v. City of Pomona, 207 P.3d 506 (Cal. 2009).
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Hernandez v. City of Pomona, 207 P.3d 506 (Cal. 2009). · cites it 4× “) Consistent with these principles, Penal Code section 835a provides that a peace officer with reasonable cause to make an arrest "may use reasonable force to effect the arrest" and "need not retreat or desist from his efforts [to make an arrest] by reason of the resistance or…”
Yount v. City of Sacramento, 183 P.3d 471 (Cal. 2008). · cites it 4× “(Pen. Code, § 835a.) However, as defendants concede, the use of deadly force was not reasonable in this instance.”
Edson v. City of Anaheim, 98 Cal. Daily Op. Serv. 3688 (Cal. Ct. App. 1998). · cites it 2× “) 2 The standard jury instruction in police battery actions recognizes this: “A peace officer who uses unreasonable or excessive force in mating a lawful arrest or detention commits a battery upon the person being arrested or detained as to such excessive force.”
Liberal v. Estrada, 632 F.3d 1064 (9th Cir. 2011). “2d 273, 281 (1997) (clarifying that, in order to establish the tort of false imprisonment under California law, a confinement must be without lawful privilege), and privilege to use force under California Penal Code section 835a. The district court rejected the officers'…”
Munoz v. City of Union City, 16 Cal. Rptr. 3d 521 (Cal. Ct. App. 2004). “(Pen. Code, § 835a.) The standard jury instruction in police battery actions recognizes this: ‘A peace officer who uses unreasonable or excessive force in making a lawful arrest or detention commits a battery upon the person being arrested or detained as to such excessive force.”
Edson v. City of Anaheim, 74 Cal. Rptr. 2d 614 (Cal. Ct. App. 1998). · cites it 2× “) [2] The standard jury instruction in police battery actions recognizes this: "A peace officer who uses unreasonable or excessive force in making a lawful arrest or detention commits a battery upon the person being arrested or detained as to such excessive force.”
Venegas v. Cnty. of Los Angeles, 63 Cal. Rptr. 3d 741 (Cal. Ct. App. 2007). “54 Penal Code section 835a states: “Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest.”
Lawrence v. City & Cnty. of San Francisco, 258 F. Supp. 3d 977 (N.D. Cal. 2017). “” Cal. Pen. Code § 835a. But as explained above, there is a genuine dispute as to whether Peters, but not Bonnel, used unreasonable force against Plaintiff.”
RITSCHEL v. City of Fountain Valley, 2006 Cal. Daily Op. Serv. 1761 (Cal. Ct. App. 2006). “(Pen. Code, § 835a [“Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance”]; Gov.”
Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). “(f)Cal.Penal Code § 835a provides that a “peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.”
Megargee v. Wittman, 550 F. Supp. 2d 1190 (E.D. Cal. 2008). “3d 521 (citing Cal.Penal Code, § 835a). In Edson v. City of Anaheim, 63 Cal.”
Medeiros v. Merced Cnty. Sheriff Deputy Clark, 713 F. Supp. 2d 1043 (E.D. Cal. 2010). “Instead, an officer may ‘press forward and make the arrest, using all the force [reasonably] necessary to ac *1066 complish that purpose.”
Show all 47 citing cases →
— Cal. Penal Code § 835a(a)(2) — 1 case
107oag033 (Md. Att'y Gen. 2022).
— Cal. Penal Code § 835a(a)(4) — 1 case
Vieira v. Cnty. of Sacramento (N.D. Cal. 2020).
— Cal. Penal Code § 835a(d) — 1 case
Est. of Tyler S. Rushing v. AG Private Prot., Inc. (E.D. Cal. 2023).
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