What is the test for a jury to find a defendant guilty of assault?
California, United States of America
The following excerpt is from The People v. Valencia, F059244, Super. Ct. No. CRF30714 (Cal. App. 2011):
at p. 100.) The situation presented to the defendant must be of an emergency nature, threatening physical harm, and lacking an alternative legal course of action. (People v. Weber (1984) 162 Cal.App.3d Supp. 1, 5.)
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