Can a defendant plead imperfect self-defense even if he intended to provoke his victim into attacking him so that he might have an excuse to shoot the victim?

California, United States of America


The following excerpt is from People v. Frandsen, B222751 (Cal. App. 2011):

taunts, we found the defendant could plead imperfect self-defense even if he had intended his taunts to provoke his victim into attacking him so that he might have an excuse to shoot the victim; because the defendant's verbal aggression, no matter how intentionally provocative, had not been physical, the victim had no right to resort to deadly force. (See also People v. Quach (2004) 116 Cal.App.4th 294, 301-302 ["Where the original aggressor is not guilty of a deadly attack, but of a simple assault or trespass, the victim has no right to use deadly or other excessive force . . . . If the victim uses such force, the aggressor's right of self-defense arises . . . ."].)

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