Contra Costa California Self-Defense - Assault

State:
Multi-State
County:
Contra Costa
Control #:
US-00890
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

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FAQ

Under California Penal Code 242 PC, the crime of battery is described as willfully and unlawfully using force against someone. The victim of the battery doesn't have to suffer a physical injury as the main element of the crime is that you offensively touch somebody.

California Penal Code 198.5 PC explains that a person will be presumed to have a reasonable fear of imminent harm when someone unlawfully breaks into their home. If the person, while in their own home, uses deadly force to protect themselves and their family, it can be justified as self-defense.

At first glance, they look like harmless cat or dog keychains. But as it turns out, they're actually used as a deadly self-defense weapon. Deputies say they're known as Plastic Knuckle Dusters, which fall under the umbrella of brass knuckles, which are illegal in the state of California.

PC 240 assault is conduct that might inflict harm to a victim; PC 242 battery is someone inflicting actual force or violence.

Under California Penal Code Section 242: battery is defined as "any willful and unlawful use of force or violence upon the person of another." It is important to note that an individual may be charged with battery even if there is no injury.

Five legal self-defense weapons in California are: pepper spray, stun guns or tasers, certain knives (such as a pocketknife or non-switchblade folding knife), personal alarms, and. certain guns (such as handguns or shotguns).

California Penal Code 242 PC defines the crime of battery as any willful and unlawful use of force or violence upon the person of another. You can be guilty of battery even if the victim does not suffer an injury or any actual pain. All that is required is that you touch the person in an offensive way.

California Penal Code 198.5 PC explains that a person will be presumed to have a reasonable fear of imminent harm when someone unlawfully breaks into their home. If the person, while in their own home, uses deadly force to protect themselves and their family, it can be justified as self-defense.

Another lesser included domestic violence charge is simply battery defined under California Penal Code 242 PC. Battery is described as harmful or offensive touching, which means you could simple just push someone or grab anything out of their hand.

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Contra Costa California Self-Defense - Assault