Can a battered person who fears imminent peril can arrange to assault or kill her abuser in the future and still claim self-defense?

California, United States of America


The following excerpt is from People v. Levens, B250023 (Cal. App. 2015):

Appellant's reliance on People v. Humphrey, supra, 13 Cal.4th 1073 to show error is misplaced. As we discuss above, the holding in that case involves a defendant's perception of the imminence of a threat. The court recognized that intimate partner battering and its effects may make a person more sensitive to signs of a threat from her batterer, and so evidence of that syndrome is relevant to a claim of self-defense. Nothing in Humphrey suggests that a battered person who fears imminent peril can arrange to assault or kill her batterer in the future and still claim self-defense.

2. Unanimity instruction

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