CA · jury_instructions
CALCRIM No. 505
Justifiable Homicide: Self-Defense or Defense of Another
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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