California, United States of America
The following excerpt is from People v. Nunez, B284222 (Cal. App. 2018):
A brief review of unreasonable self-defense is necessary to analyze defendant's argument. "Unreasonable self-defense is 'not a true defense; rather, it is a shorthand description of one form of voluntary manslaughter.' " (People v. Elmore (2014) 59 Cal.4th 121, 134.) " '[O]ne who holds an honest but unreasonable belief
Page 10
in the necessity to defend against imminent peril to life or great bodily injury does not harbor malice and commits no greater offense than manslaughter.' " (Ibid.) Unreasonable self-defense "involves a misperception of objective circumstances . . . ." (Id. at p. 135.) The defendant must have the actual albeit unreasonable belief that he is in imminent danger of death or great bodily injury. (People v. Manriquez (2005) 37 Cal.4th 547, 581.)
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.