Can a defendant use deadly force to repel a non-lethal attack?

California, United States of America


The following excerpt is from People v. Medlock, B264486 (Cal. App. 2016):

younger than defendant. Defendant was fearful because he was older and getting tired. It is well established that "any right of self-defense is limited to the use of such force as is reasonable under the circumstances. [Citation.] The right of self-defense [does] not provide defendant with any justification or excuse for using deadly force to repel a nonlethal attack." (People v. Pinholster (1992) 1 Cal.4th 865, 966, overruled in part on other grounds as stated in People v. Williams (2010) 49 Cal.4th 405, 459.)

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