What is the test for imperfect self-defense?

California, United States of America


The following excerpt is from People v. Rodriguez, B278884 (Cal. App. 2018):

"Imperfect self-defense is the killing of another human being under the actual but unreasonable belief that the killer was in imminent danger of death or great bodily injury. [Citation.] Such a killing is deemed to be without malice and thus cannot be murder. [Citation.] The doctrine of imperfect self-defense cannot be invoked, however, by a defendant whose own wrongful conduct (for example, a physical assault or commission of a felony) created the circumstances in which the adversary's attack is legally justified. [Citations.]" (People v. Booker, supra, 51 Cal.4th at p. 182, fn. omitted.)

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