CALCRIM No. 3474. Danger No Longer Exists or Attacker Disabled
Judicial Council of California Criminal Jury Instructions (2020 edition)Download PDF
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.]
New January 2006
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.
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, § 81.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.11[b] (Matthew Bender).