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CA · jury_instructions

CALCRIM No. 505

Justifiable Homicide: Self-Defense or Defense of Another

activein force · 2026-01-01 – presentcompiled-edition

The defendant is not guilty of (murder/ [or] manslaughter/ attempted

murder/ [or] attempted voluntary manslaughter) if (he/she) was justified

in (killing/attempting to kill) someone in (self-defense/ [or] defense of

another). The defendant acted in lawful (self-defense/ [or] defense of

another) if:

1. The defendant reasonably believed that (he/she/ [or] someone else/

[or] <insert name or description of third party>) was

in imminent danger of being killed or suffering great bodily

injury [or was in imminent danger of being a victim of

( <insert inherently forcible and atrocious crime such as

rape or mayhem>/<insert noninherently forcible and atrocious crime

such as robbery>under circumstances in which (he/she) reasonably

believed that (he/she) would suffer great bodily injury or death)];

2. The defendant reasonably believed that the immediate use of

deadly force was necessary to defend against that danger;

AND

3. The defendant used no more force than was reasonably necessary

to defend against that danger.

Belief in future harm is not sufficient, no matter how great or how likely

the harm is believed to be. The defendant must have believed there was

imminent danger of death or great bodily injury to (himself/herself/ [or]

someone else). Defendant’s belief must have been reasonable and (he/she)

must have acted only because of that belief. The defendant is only

entitled to use that amount of force that a reasonable person would

believe is necessary in the same situation. If the defendant used more

force than was reasonable, the [attempted] killing was not justified.

<The following definition may be given if requested.>

[Danger is imminent if, when the defendant used [deadly] force, the

danger actually existed or the defendant reasonably believed it existed.

The danger must seem immediate and present, so that it must be

instantly dealt with. It may not be merely prospective or in the near

future.]

When deciding whether the defendant’s beliefs were reasonable, consider

all the circumstances as they were known to and appeared to the

defendant and consider what a reasonable person in a similar situation

with similar knowledge would have believed. If the defendant’s beliefs

were reasonable, the danger does not need to have actually existed.

[The defendant’s belief that (he/she/ [or] someone else) was threatened

may be reasonable even if (he/she) relied on information that was not

true. However, the defendant must actually and reasonably have believed

that the information was true.]

[If you find that <insert name of decedent/victim> threatened

or harmed the defendant [or others] in the past, you may consider that

information in deciding whether the defendant’s conduct and beliefs

were reasonable.]

[If you find that the defendant knew that <insert name of

decedent/victim> had threatened or harmed others in the past, you may

consider that information in deciding whether the defendant’s conduct

and beliefs were reasonable.]

[Someone who has been threatened or harmed by a person in the past, is

justified in acting more quickly or taking greater self-defense measures

against that person.]

[If you find that the defendant received a threat from someone else that

(he/she) reasonably associated with <insert name of

decedent/victim>, you may consider that threat in deciding whether the

defendant was justified in acting in (self-defense/[or] defense of

another).]

[A defendant is not required to retreat. He or she is entitled to stand his

or her ground and defend himself or herself and, if reasonably necessary,

to pursue an assailant until the danger of (death/great bodily injury/

<insert forcible and atrocious crime>) has passed. This is so

even if safety could have been achieved by retreating.]

[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 proving beyond a reasonable doubt that

the [attempted] killing was not justified. If the People have not met this

burden, you must find the defendant not guilty of (murder/ [or]

manslaughter/ attempted murder/ [or] attempted voluntary

manslaughter).

New January 2006; Revised February 2012, August 2012, September 2020, March

2022, September 2022, February 2025, October 2025

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2026
Content hash
e776e85fe5a55614aa6cb55fbd0be612f6c4a0a41f898b1afbad989f16511946
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