Is there a distinction between a homicidal assault case and a non-homicidal assault case?

California, United States of America


The following excerpt is from People v. Chavez, B225900 (Cal. App. 2012):

In People v. Adrian (1982) 135 Cal.App.3d 335, the court, discussing Sanchez, reasoned there was no sound basis to distinguish between homicidal and nonhomicidal assault cases. "Self-defense negates culpability for assaultive crimes, whether or not the assault results in death." (Adrian, at p. 340.) "In either event self-defense goes directly to guilt or innocence." (Ibid.) Since the prosecution retains the burden of persuasion on matters directly affecting guilt or innocence, a defendant in a nonhomicidal assault case is entitled, upon request, to an instruction on the burden of proof regarding self-defense where that defense has been duly tendered and there is evidence supporting it. (Id. at p. 336.)

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