What is the test for a person to exercise self-defense?

California, United States of America


The following excerpt is from The People v. Taylor, B220331, Los Angeles County Super. Ct. No. GA074156 (Cal. App. 2010):

Self-defense requires an actual and reasonable belief in the need to defend against an imminent danger of death or great bodily injury. (People v. Humphrey (1996) 13 Cal.4th 1073, 1082.) Although the ultimate test of the reasonableness of the defendant's

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belief is objective, the trier of fact must consider what would appear to be necessary to a reasonable person in the position of defendant, with the defendant's knowledge and awareness. (Id. at pp. 1082-1083.) Deadly force or force likely to cause great bodily injury may be used only to repel an attack that is likely to cause death or great bodily injury. (People v. Hardin (2000) 85 Cal.App.4th 625, 629-630.) The right to exercise self-defense endures only as long as the real or apparent danger. (People v. Pinholster (1992) 1 Cal.4th 865, 966, disapproved on another ground in People v. Williams (2010) 49 Cal.4th 405, 459.)

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