Does a defendant have a right to self-defence if he uses excessive force?
California, United States of America
The following excerpt is from People v. Grajeda, B244153 (Cal. App. 2014):
other excessive force,'" and that "'[i]f the victim uses such force, the aggressor's right of self-defense arises. . . .' [Citation.]" (People v. Quach (2004) 116 Cal.App.4th 294, 301; see Frandsen, supra, at p. 273 ["[o]nly when the victim resorts to unlawful force does the defendant-aggressor regain the right of self-defense"].)
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