What is the prosecution's burden to negate a claim of self-defense?

California, United States of America


The following excerpt is from People v. William C. (In re William C.), B268809 (Cal. App. 2017):

It is the prosecution's burden to negate a claim of self-defense beyond a reasonable doubt. (See People v. Adrian (1982) 135 Cal.App.3d 335, 340-341; People v. Humphrey (1996) 13 Cal.4th 1073, 1103 ["Defendant does not have to prove the homicide was justified; she merely has to raise a reasonable doubt that it might have been."]) " 'To justify an act of self-defense for [an assault charge under Penal Code section 245], the defendant must have an honest and reasonable belief that bodily

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injury is about to be inflicted on him. [Citation.]' [Citation.] The threat of bodily injury must be imminent [citation], and '. . . any right of self-defense is limited to the use of such force as is reasonable under the circumstances. [Citation.]' [Citations.]" (People v. Minifie (1996) 13 Cal.4th 1055, 1065-1066.)

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