What is the test for a defendant to use deadly force in self-defense?

California, United States of America


The following excerpt is from People v. Juan R. (In re Juan R.), B275826 (Cal. App. 2018):

Because a defendant may use no more force than is necessary, "deadly force or force likely to cause great bodily injury may be used only to repel an attack which is in itself deadly or likely to cause great bodily injury." (People v. Hardin (2000) 85 Cal.App.4th 625, 629-630; see also People v. Pinholster (1992) 1 Cal.4th 865, 966 ["right of self-defense did not provide defendant with any justification or excuse for using deadly force to repel a nonlethal attack"], disapproved on another ground in People v. Williams (2010) 49 Cal.4th 405, 459.)

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