California, United States of America
The following excerpt is from People v. Beverly, B282338 (Cal. App. 2018):
A court is not required to instruct on theories that lack substantial evidentiary support. (People v. Burney (2009) 47 Cal.4th 203, 246.) " ' " 'Substantial evidence is evidence sufficient to "deserve consideration by the jury," that is, evidence that a reasonable jury could find persuasive.' " ' [Citation.]" (People v. Benavides (2005) 35 Cal.4th 69, 102.) We review the record independently to determine whether there is substantial evidence to support the defense. (People v. Shelmire (2005) 130 Cal.App.4th 1044, 1054-1055.)
" 'To justify an act of self-defense [for an assault charge under Penal Code section 245] the defendant must have an honest and reasonable belief that bodily injury is about to be inflicted on him. [Citation.]' [Citations.] The threat of bodily injury must be imminent [citation] and '. . . any right of self-defense is limited to the use of such force as is reasonable under the circumstances.' " (People v. Minifie (1996) 13 Cal.4th 1055,
Page 7
1065-1066.) A defendant's belief in the need to defend herself must be objectively reasonable. (People v. Humphrey (1996) 13 Cal.4th 1073, 1082-1083.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.