CA 3477. Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury

CA 3477. Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury

State: California

California Criminal Jury Instructions (CALCRIM)

CA 3477. Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury

The law presumes that the defendant reasonably feared imminent death or great bodily injury to (himself/herself)[, or to a member of (his/her) family or household,] if:

An intruder unlawfully and forcibly (entered/ [or] was entering) the defendant’s home;

The defendant knew [or reasonably believed] that an intruder unlawfully and forcibly (entered/ [or] was entering) the defendant’s home;

The intruder was not a member of the defendant’s household or family;

AND

4. The defendant used force intended to or likely to cause death or great bodily injury to the intruder inside the home.

[Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.]

The People have the burden of overcoming this presumption. This means that the People must prove that the defendant did not have a reasonable fear of imminent death or injury to (himself/herself)[, or to a member of his or her family or household,] when (he/she) used force against the intruder. If the People have not met this burden, you must find the defendant reasonably feared death or injury to (himself/herself)[, or to a member of his or her family or household].

By | 2013-02-26T08:15:36+00:00 February 26th, 2013|Comments Off on CA 3477. Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury