CALCRIM No. 604

Defense—Lesser Included Offense (Pen. Code, §§ 21a, 192, 664)

An attempted killing that would otherwise be attempted murder is

reduced to attempted voluntary manslaughter if the defendant attempted

to kill a person because (he/she) acted in imperfect (self-defense/ [or]

defense of another).

If you conclude the defendant acted in complete (self-defense/ [or]

defense of another), (his/her) action was lawful and you must find (him/

her) not guilty of any crime. The difference between complete

(self-defense/ [or] defense of another) and imperfect (self-defense/ [or]

defense of another) depends on whether the defendant’s belief in the

need to use deadly force was reasonable.

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

if:

1. The defendant took at least one direct but ineffective step toward

killing a person.

2. The defendant intended to kill when (he/she) acted.

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

<insert name of third party>) was in imminent

danger of being killed or suffering great bodily injury.

3. AND

4. The defendant believed that the immediate use of deadly force

was necessary to defend against the danger.

4. BUT

5. At least one of the defendant’s beliefs was unreasonable.

[Imperfect self-defense does not apply when the defendant, through (his/

her) own wrongful conduct, has created circumstances that justify (his/

her) adversary’s use of force.]

[Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.]

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

the harm is believed to be. The defendant must have actually believed

there was imminent danger of death or great bodily injury to (himself/

herself/ [or] someone else).

In evaluating the defendant’s beliefs, consider all the circumstances as

they were known and appeared to the defendant.

[If you find that <insert name or description of alleged

victim> threatened or harmed the defendant [or others] in the past, you

may consider that information in evaluating the defendant’s beliefs.]

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

description of alleged victim> had threatened or harmed others in the

past, you may consider that information in evaluating the defendant’s

beliefs.]

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

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

description of alleged victim>, you may consider that threat in evaluating

the defendant’s beliefs.]

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

the defendant was not acting in imperfect self-defense. If the People have

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

murder.

New January 2006; Revised August 2009, October 2010, February 2012, February

2013, September 2020, September 2023, October 2025