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: CC 3470, CC 3477, Self Defense
The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020
In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]
Tags: CC 1300, CC 1402, CC 1501, CC 1530, CC 1551, CC 2501, CC 2503, CC 2514, CC 2578, CC 2720, CC 2721, CC 2745, CC 2746, CC 2747, CC 3130, CC 3145, CC 3149, CC 3150, CC 3160, CC 3161, CC 3162, CC 3163, CC 3177, CC 3477, CC 505, CC 508, CC 511, CC 524, CC 525, CC 571, CC 580, CC 581, CC 582, CC 590, CC 592, CC 604, CC 810, CC 820, CC 860, CC 862, CC 863, CC 875, CC 970, CC 982, CC 983, GBI, Sample Instructions
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 3470, CC 3477, Self Defense