What is the test for a defendant to be found guilty of assault under CALCRIM No. 3470 of the California Civil Code of Civil Rights Act?

California, United States of America


The following excerpt is from People v. Hill, B289458 (Cal. App. 2020):

Defense of another against an assault requires an actual and reasonable belief in the need to defend against an imminent danger of bodily injury. (People v. Humphrey (1996) 13 Cal.4th 1073, 1082.) The trier of fact "must consider what 'would appear to be necessary to a reasonable person' " in the position of appellant, with the appellant's knowledge and awareness. (Id. at pp. 1082-1083.) CALCRIM No. 3470 provides in pertinent part that a defendant acts in lawful defense of another and is not guilty of assault, if (1) he reasonably believed someone else was in imminent danger of suffering great bodily injury; (2) he reasonably believed the immediate use of force was necessary to defend against that danger; and (3) he used no more force than was reasonably necessary to defend against that danger. CALCRIM No. 3474 instructs that the right to use force in self-defense or defense of another continues only until the danger no longer exists or reasonably appears to exist.

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