Does a defendant have a right to a sua sponte instruction on self-defense?

California, United States of America


The following excerpt is from People v. Lemons, B252215 (Cal. App. 2014):

Appellant argues the trial court erred in failing to give a sua sponte instruction on self-defense. "It is well settled that a defendant has a right to have the trial court, on its own initiative, give a jury instruction on any affirmative defense for which the record contains substantial evidence [citation]evidence sufficient for a reasonable jury to find in favor of the defendant [citation]unless the defense is inconsistent with the defendant's theory of the case [citation]." (People v. Salas (2006) 37 Cal.4th 967, 982 (Salas).) Appellant contends that, although self-defense is traditionally a defense to crimes of assault or other physical attacks by a defendant, the defense should equally be available to a defendant who is accused of making criminal threats in violation of section 422. Neither party has cited any case that has allowed the use of threatsrather than physical forceas the basis for self-defense.

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