Does a defendant have to be found guilty only of simple assault by reason of self-defense?
California, United States of America
The following excerpt is from People v. Aviles, F071781 (Cal. App. 2018):
self-defense unless he has first, in good faith, declined further combat, and has fairly notified him that he has abandoned the affray. [Citation.]' " (People v. Salazar (2016) 63 Cal.4th 214, 249.) The evidence will not support a finding the defendant was guilty only of simple assault when it shows he initiated the confrontation by approaching the victim with a cocked gun. (Id. at pp. 249-250.)
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