In re F.N. CA2/6

DISCUSSION

Substantial evidence supports the juvenile court’s finding that F.N. did not act in self-defense F.N. contends the juvenile court’s true finding on the assault allegation should be reversed because there is insufficient evidence that she did not act in self-defense. We disagree. Assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (§ 240.) Self-defense negates culpability for assault. (People v. Adrian (1982) 135 Cal.App.3d 335, 340.) A minor can thus defend against an assault allegation by showing that they: (1) reasonably believed that they were in imminent danger of bodily injury, (2) reasonably believed that the use of force was necessary to defend against that danger, and (3) used no more force than was reasonably necessary. (People v. Hernandez (2011) 51 Cal.4th 733, 747.) If the minor makes this showing, prosecutors

3 must prove beyond a reasonable doubt that self-defense does not apply. (People v. Lee (2005) 131 Cal.App.4th 1413, 1429.) “Issues arising out of self-defense, including . . . whether [a minor] actually acted out of defense . . . and whether the force used was excessive, are normally…