Index

California Judicial Council Instruction 3470

Summary

In California, case law and jury instructions establish that a person threatened with an attack does not need to retreat and may pursue the assailant until the danger has passed.

Rights & Rules

  • 01.
    You have the right to stand your ground even if safety could have been achieved by retreating.
  • 02.
    You may use the amount of force that a reasonable person would believe is necessary in the same situation.
  • 03.
    You can pursue an attacker until the danger of death or bodily injury has passed.

Penalties

  • 01.
    Possible conviction for 'Imperfect Self-Defense' (voluntary manslaughter) if the belief in danger was honest but unreasonable.
  • 02.
    Charges of battery or assault if the force used exceeds what was necessary.

Verified Citations

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