Can a defendant be found guilty of second-degree manslaughter for killing another person under the mistaken belief that he was in imminent danger of death or suffering great bodily injury?
California, United States of America
The following excerpt is from People v. Estrada, B300257 (Cal. App. 2020):
imminent danger of being killed or suffering great bodily injury and that deadly force was necessary in defense, but at least one of those beliefs was unreasonable. A defendant who kills another under the actual but unreasonable belief that he is in imminent danger of death or great bodily injury does not act with malice, and so is guilty only of manslaughter. (People v. Booker (2011) 51 Cal.4th 141, 182.)
"The most advanced legal research software ever built."
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.
Other Questions
Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice? (California, United States of America)
What is considered a "great bodily injury" and what is considered to be the definition of a great bodily injury? (California, United States of America)
What is the difference between personally inflicting grievous bodily injury and personally causing death by dangerous driving? (California, United States of America)
Is it a crime to intentionally make a threat under section 422 of the California Criminal Code to commit a crime which will result in death or great bodily injury to another person? (California, United States of America)
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)
What is the test for section 654 of the California Criminal Code when a defendant is found guilty of a charge of recklessly causing grievous bodily harm against another person? (California, United States of America)
What is the test for wilfully threatening to commit a crime which will result in death or great bodily injury to another person? (California, United States of America)
Can a defendant be found guilty of attempted murder (or voluntary manslaughter) if his intent was either to kill or to kill everyone on the dance floor? (California, United States of America)
Does Section 12022.7, subdivision (a) of the Penal Code apply to a conviction of murder where the jury found that in the commission of the murder, appellant physically inflicted great bodily injury on another person? (California, United States of America)
Can a defendant be found guilty of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm against another person who has not been charged? (California, United States of America)
