CALCRIM No. 2672

With Force

The defendant is not guilty of the crime of (battery against a peace

officer[,]/ [or] assault against a peace officer[,]/ [or] assault with (force

likely to produce great bodily injury/a deadly weapon/a firearm/a

semiautomatic firearm/a machine gun/an assault weapon) against a peace

officer[,]/ [or] <insert other crime charged, e.g., resisting

arrest>) if the officer was not lawfully performing (his/her) duties

because (he/she) was unlawfully arresting someone.

However, even if the arrest was unlawful, as long as the officer used only

reasonable force to accomplish the arrest, the defendant may be guilty of

the lesser crime of (battery[,]/ [or] assault[,]/ [or] assault with (force

likely to produce great bodily injury/a deadly weapon/a firearm/a

semiautomatic firearm/a machine gun/an assault weapon)).

On the other hand, if the officer used unreasonable or excessive force,

and the defendant used only reasonable force in (self-defense/ [or]

defense of another), then the defendant is not guilty of the lesser crime[s]

of (battery[,]/ [or] assault[,]/ [or] assault with (force likely to produce

great bodily injury/a deadly weapon/a firearm/a semiautomatic firearm/a

machine gun/an assault weapon)).

[A peace officer may use reasonable non-deadly force to arrest or detain

someone, to prevent escape, to overcome resistance, or in self-defense.]

[A peace officer may use deadly force if (he/she):

1. Reasonably believed, based on the totality of the circumstances,

that the force was necessary to defend against an imminent threat

of death or serious bodily injury to the officer or another person;

OR

2. Reasonably believed, based on the totality of the circumstances,

that:

a. <insert name of fleeing felon> was fleeing;

b. The force was necessary to arrest or detain

<insert name of fleeing felon> for the crime of

<insert name of felony>;

c. The commission of the crime of <insert name of

felony> created a risk of or resulted in death or serious bodily

injury to another person;

AND

d. <insert name of fleeing felon> would cause death

or serious bodily injury to another person unless immediately

arrested or detained.]

[Deadly force means any use of force that creates a substantial risk of

causing death or serious bodily injury. Deadly force includes, but is not

limited to, the discharge of a firearm.]

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to,]: (loss of

consciousness/ concussion/ bone fracture/ protracted loss or impairment

of function of any bodily member or organ/ a wound requiring extensive

suturing/ [and] serious disfigurement).]

[A threat of death or serious bodily injury is imminent when, based on

the totality of the circumstances, a reasonable officer in the same

situation would believe that a person has the present ability, opportunity,

and apparent intent to immediately cause death or serious bodily injury

to the peace officer or to another person. An imminent harm is not

merely a fear of future harm, no matter how great the fear and no

matter how great the likelihood of the harm, but is one that, from

appearances, must be instantly confronted and addressed.]

Totality of the circumstances means all facts known to the peace officer at

the time, including the conduct of the defendant and

<insert name of offıcer> leading up to the use of deadly force.

[A peace officer who makes or attempts to make an arrest need not

retreat or stop because the person being arrested is resisting or

threatening to resist. A peace officer does not lose (his/her) right to self -

defense by using objectively reasonable force to arrest or to prevent

escape or to overcome resistance.]

The People have the burden of proving beyond a reasonable doubt that

the officer was lawfully performing (his/her) duties. If the People have

not met this burden, you must find the defendant not guilty [of

<insert crimes>].

New January 2006; Revised March 2022, September 2022