California, United States of America
The following excerpt is from People v. Covian, H037986 (Cal. App. 2014):
Defendant also argues that nothing in the record "suggests that it was unreasonable for [defendant] to believe that Hurtado would continue swinging the bar until he succeeded in breaking [defendant's] arm, or worse, if [defendant] did not stop him." The jury was entitled to consider other aspects of the confrontation, which defendant has chosen to ignore. "A person does not have the right to self-defense if he provokes a fight or quarrel with the intent to create an excuse to use force." (CALCRIM No. 3472; see Fraguglia v. Sala (1936) 17 Cal.App.2d 738, 743-744.) Here, defendant had been told repeatedly not to come to the Hurtado property, and he was on the other side of the gate and attempting to remove the nails in the gate latch when Hurtado "brushed his forearm" with the bar. Under these circumstances, the jury could have reasonably concluded that defendant provoked a fight with Hurtado so that he could use his knife.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.