Can imperfect self-defense apply to a direct perpetrator and not the aider and abettor?

California, United States of America


The following excerpt is from People v. Robles, F063062 (Cal. App. 2013):

These doctrines can apply independently to the actors involved. For example, imperfect self-defense may apply to a direct perpetrator and not the aider and abettor. (McCoy, supra, 25 Cal.4th at pp. 1118-1120.) In such a case, the perpetrator can be found guilty of manslaughter while his accomplice is guilty of murder. (Id. at pp. 1121-1122.) This is because " ' " 'the individual mentes reae or levels of guilt of the joint participants [in a crime] are permitted to float free and are not tied to each other in any way. If their mentes reae are different, their independent levels of guilt ... will necessarily be different as well.' " ' [Citations.]". (People v. Concha (2009) 47 Cal.4th 653, 662.)

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