Is there any case law supporting the argument that provocation is a factor in determining that a defendant's assault was deliberate and reflectively conceived in advance?
California, United States of America
The following excerpt is from People v. Taylor, D072486 (Cal. App. 2018):
lack of provocation by the victim is a strong factor supporting the conclusion that [the defendant]'s attack was deliberately and reflectively conceived in advance." (People v. Lunafelix (1985) 168 Cal.App.3d 97, 102 (Lunafelix).)
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