What is the claim-of-right defense?

Defendant next contends the court should have, on its own motion, provided a "claim-of-right" affirmative defense instruction. (See CALCRIM No. 1863.) "The claim-of-right defense developed in the common law as a defense to larceny or robbery." (People v. Russell (2006) 144 Cal.App.4th 1415, 1427.) A good faith, mistaken belief that one has a right to property negates the intent necessary to commit certain property crimes, including robbery. (Id. at pp. 1427-1428; Tufunga, supra, 21 Cal.4th at pp. 943-945.)

Page 10