Does a defendant have a right to use deadly force to settle a physical confrontation he arguably created by yelling at and approaching the victim?

California, United States of America


The following excerpt is from People v. Gregory, C085350 (Cal. App. 2018):

If the jury believed that the victim yelled at and approached defendant in response to defendant's initial aggressive conduct (including being armed with a machete), defendant did not have the right to use deadly force to settle the potentially deadly confrontation he created. (See People v. Eulian, supra, 247 Cal.App.4th at p. 1334 [defendant did not have the right to use physical force to settle a physical confrontation he arguably created regardless of whether the victim kicked defendant and his mother in response to that conduct]; People v. Ramirez, supra, 233 Cal.App.4th at p. 947 [no defense of deadly force against contrived deadly assault].)

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