Criminal Law

3474. Danger No Longer Exists or Attacker Disabled

The right to use force in (self-defense/ [or] defense of another) continues only as long as the danger exists or reasonably appears to exist. [When the attacker (withdraws/ [or] no longer appears capable of inflicting any injury), then the right to use force ends.]

Bench Notes

Instructional Duty

The court may give this instruction on request when supported by the evidence. (See People v. Martin (1980) 101 Cal.App.3d 1000, 1010 [162 Cal.Rptr. 133].)


Instructional Requirements. See People v. Keys (1944) 62 Cal.App.2d 903, 916 [145 P.2d 589]; People v. Perez (1970) 12 Cal.App.3d 232, 236 [90 Cal.Rptr. 521].

Secondary Sources

1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Defenses, § 76.

3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73, Defenses and Justifications, § 73.11[1][b] (Matthew Bender).

(New January 2006)