Can a defendant raise as a defense that he or she acted in lawful self-defense of another?

California, United States of America


The following excerpt is from People v. Cruz, D070551 (Cal. App. 2017):

Where supported by the evidence, and as enunciated in CALCRIM No. 3470, a defendant may raise as a defense that he or she acted in lawful self-defense or defense of another, if: "1. The defendant reasonably believed that [he or a third party] was in imminent danger of suffering bodily injury [or being touched unlawfully]; 2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND 3. The defendant used no more force than was reasonably necessary to defend against that danger." (People v. Humphrey (1996) 13 Cal.4th 1073, 1082-1083 (Humphrey) [jury must consider what " 'would appear to be necessary to a reasonable person in a similar situation and with similar knowledge' "].)

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