CALCRIM No. 3477

or Great Bodily Injury (Pen. Code, § 198.5)

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:

1. An intruder unlawfully and forcibly (entered/[or] was entering)

the defendant’s home;

2. The defendant knew [or reasonably believed] that an intruder

unlawfully and forcibly (entered/[or] was entering) the

defendant’s home;

3. 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 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].

New January 2006; Revised March 2017, September 2020, October 2025