Tag Archives: CC 3470

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: ,