Home > Uncategorized > New California case on self-defense–must be imminent danger at the time, People v. Battle

New California case on self-defense–must be imminent danger at the time, People v. Battle

I don’t usually post comments about cases such as this, but I found this new California case somewhat interesting because prior cases that I have handled.  Very briefly, in People v. Battle (California Court of Appeal, Third Circuit, August 9, 2011) the court held that whereas defendant had allegedly witnessed for years the abuse of his mother and sister by his father, and had himself also allegedly suffered abuse by his father, and defendant had been pushed to the breaking point and fearing for the safety of his mother and sisters, defendant could not use the defense of self-defense in his alleged killing of his father unless he could show that he had an actual fear of imminent danger (e.g., death or the infliction of serious bodily injury) to himself or to his mother or sister at the actual time he allegedly aided and abetted the killing.

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