Does the mental state of believing it is necessary to act in self-defense need to be interpreted as a specific intent?

California, United States of America


The following excerpt is from People v. Soto, 231 Cal.Rptr.3d 732, 4 Cal.5th 968, 415 P.3d 789 (Cal. 2018):

Similarly, Mendoza's narrow holding does not apply here. As we have explained, the mental state of believing it is necessary to act in self-defense does not involve the "intent to do some further act or achieve some additional consequence." ( People v. Atkins , supra , 25 Cal.4th at p. 93, 104 Cal.Rptr.2d 738, 18 P.3d 660.) It is not a required specific intent under section 29.4.

Other Questions


What is the difference between the mental state required for a conviction of a specific intent crime and that of those convicted of a general intent crime? (California, United States of America)
Is it a federal error that crime requires general not specific intent rather than specific intent? (California, United States of America)
Does the withholding of voluntary intoxication evidence to negate the mental state of arsonist negate his mental state? (California, United States of America)
What is the state of the mental state for intentional attempted murder? (California, United States of America)
In what circumstances will the courts interpret section 278.5 of the California Penal Code as requiring the state to prove specific intent? (California, United States of America)
Does a plaintiff's mental state constitute a mental state as a claim in a personal injury action for pain and suffering? (California, United States of America)
Is the intent of an aider and abettor to facilitate the commission of a specific intent crime necessarily the intent to achieve a future consequence? (California, United States of America)
When will a jury consider a defendant's mental state as a mitigating factor in determining his mental state? (California, United States of America)
What is the test for having the requisite mental state to be considered a mental state? (California, United States of America)
What is the state of the mental state for intentional attempted murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.