Can a defendant make a self-defense claim where the initial aggressor initiates aggression by using deadly force or the threat of deadly force?

California, United States of America


The following excerpt is from People v. Ramirez, C069700 (Cal. App. 2016):

7. People v. Ramirez (2015) 233 Cal.App.4th 940, cited by defendant in his supplemental briefing, has no application where the initial aggressor initiates aggression by using deadly force or the threat of deadly force as defendant did here by displaying the gun he brought to this confrontation. (Id. at p. 948 ["a defendant who assaults his victims with a gun may not set up a valid self-defense claim with evidence he believed the victims also reached for a gun, since they would be justified in meeting deadly force with deadly force"].)

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