Use of ForceQuestion 79 of 200

'Imminent' threat under §835a(c)(1) means:

a.Any future threat the suspect might pose, even one that would only materialize hours later, so long as the danger itself is genuine

b.A present, imminent risk based on the totality of the circumstances — the threat must be immediate; speculation about future harm is insufficient

c.Any threat that the suspect puts into words, since a spoken threat is the clearest available evidence of what the person actually intends to do next

d.Any threat reported to the guard by a third party, because a bystander's account of what the person said is enough by itself to establish the danger

Explanation

Penal Code §835a(c)(1) restricts deadly force to defense against an imminent threat of death or serious bodily injury. 'Imminent' was sharpened by AB 392's amendment: it means present and immediate, judged by totality of circumstances. Future, speculative, or contingent harms do not satisfy the standard. The principle aligns with foundational self-defense doctrine (CALCRIM 505): defensive force is justified by a present danger, not anticipatory or punitive concerns. Options (a), (c), (d) wrongly stretch 'imminent' beyond its statutory meaning.

Law Reference: Cal. Penal Code §835a(c)(1); People v. Mehserle (2011) — analogous principles

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'Imminent' threat under §835a(c)(1) means:

Explanation

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