What is the burden of proving (5) that the threatened person's fear of violence was reasonable?
California, United States of America
The following excerpt is from People v. Lucatero, A144419 (Cal. App. 2017):
family's safety,' and (5) that the threatened person's fear was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228 (Toledo), quoting 422, subd. (a).) It is, of course, the prosecution's burden to prove each element beyond a reasonable doubt. (Jackson v. Virginia (1979) 443 U.S. 307, 317-318.)
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