Tag Archives: CC 3470

Does Robbery Justify the Use of Deadly Force in Self Defense?
July 19th, 2022

PC 197 permits use of deadly force to prevent a felony only if the felony is “forcible and atrocious.” (People v. Morales (2021) 69 Cal.App.5th 978, 991.) Forcible and atrocious crimes are generally those crimes whose character and manner reasonably create a fear of death or serious bodily harm. (People v. Ceballos (1974) 12 Cal.3d […]

Tags: , , , ,

Self Defense: Distinction Between Homicide Versus Assault Charges
February 3rd, 2022

“The difference between CALCRIM No. 3470 and CALCRIM No. 505—that is,the difference between self-defense in the homicide context and self-defense that will justify an assault—lies in the type of the threat the defendant believed they faced. To justify a homicide or attempted homicide, the defendant must believe that “danger” or “great bodily harm” is imminent, […]

Tags: , ,

Transferred Self Defense
January 27th, 2022

The doctrine of transferred self-defense is available to insulate one from criminal responsibility where his or her act, justifiably in self-defense, inadvertently resulted in the injury of an innocent bystander. Under this doctrine, “just as one’s criminal intent follows the corresponding criminal act to its unintended consequences,” so too “one’s lack of criminal intent follows […]

Tags: , , ,

Porch Is Not Part of the Residence for the Presumption of Fear from Entry
September 27th, 2021

California’s “stand your ground” law is PC 198.5 which provides that a person using force likely to cause death or great bodily injury (GBI) within his or her residence is presumed to have held a reasonable fear of imminent death or GBI to themselves or a member of their household when that force is used […]

Tags: , ,

Self Defense: Presumption of Reasonableness Applies Even If Judge Finds That Defendant Was Not Legally Subletting the Residence
August 3rd, 2016

People v. Grays (2016) 246 CA4th 679 held that the trial court erred when it refused to instruct the jury that a person using force within his residence against a person who forcibly enters shall be presumed to have held a reasonable fear of injury to self or another member of the household (PC 198.5). […]

Tags: , ,

CC 3471 Is Superfluous When Self Defense Instructions (CC 3470, CC 3472, CC 3474) Are Given
June 5th, 2015

  CC 3471, explaining to the jury when a defendant engaged in mutual combat can lawfully use force in self-defense, need not be given when the jury is already being provided standard self defense instructions, such as CC 3470, CC 3472, and CC 3474. As People v. Johnson (2009) 180 Cal. App. 4th 702, explained, […]

Tags: , , , ,

CC Self Defense Instruction Approved
January 20th, 2014

  People v. Clark (2011) 201 Cal. App. 4th 235, 250, found that the trial court properly instructed the jury with CC 3470 regarding the principles of self-defense.

Tags: ,