What is the test for determining whether a defendant acted in self-defense against an assault victim who had been threatened or assaulted prior to the assault?

California, United States of America


The following excerpt is from People v. Perez, D072943 (Cal. App. 2019):

In some circumstances, prior threats or assaults may be relevant in determining whether a defendant acted in self-defense. Antecedent threats or assaults may "illuminate and reflect on the reasonableness of defendant's perception of both the imminence of danger and the need to resist with the degree of force applied. [Citation.] They may also justify the defendant 'in acting more quickly and taking harsher measures for her own protection . . . .'" (People v. Humphrey (1996) 13 Cal.4th 1073, 1094.)

Other Questions


What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant acted in self-defense when he was assaulted by a victim? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
What is the test for determining whether a defendant acted with the specific intent to commit rape when he moved the victim a substantial distance? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.