Request for Self-Defense Jury Instructions

REQUEST FOR SELF-DEFENSE JURY INSTRUCTIONS

COURT INFORMATION

Court Name: ________________________________________________

Case Number: ________________________________________________

Trial Judge: ________________________________________________

Trial Date: ________________________________________________

CASE INFORMATION

Defendant Name: ________________________________________________

Charges:

COUNSEL INFORMATION

Defense Attorney: ________________________________________________

Bar Number: ________________________________________________

Address: ________________________________________________

Phone: ________________________________________________

Email: ________________________________________________

I. INTRODUCTION

COMES NOW the Defendant, _________________________, by and through undersigned counsel, and respectfully requests that the Court instruct the jury on the law of self-defense and related defenses. The evidence at trial supports these instructions, and failure to give them would constitute reversible error.

II. LEGAL STANDARD FOR INSTRUCTION

A. Threshold for Instruction

A defendant is entitled to a jury instruction on any defense theory supported by the evidence, even if the evidence is weak, inconsistent, or of doubtful credibility. The Court must instruct on self-defense if there is ANY evidence, viewed in the light most favorable to the defendant, that would support the defense.

B. Recent Case Law on Instruction Requirements

In State v. Allison (N.C. 2025), the North Carolina Supreme Court held that when evidence supports a Castle Doctrine instruction, the jury must receive the statute as written, including all presumptions and the curtilage definition. Failure to do so was reversible error requiring a new trial.

In State v. Bragg (N.J. 2025), the New Jersey Supreme Court unanimously reversed a conviction because the trial court failed to instruct on the Castle Doctrine, finding this omission constituted plain error.

III. EVIDENTIARY BASIS FOR SELF-DEFENSE INSTRUCTION

The following evidence supports a self-defense instruction:

☐ Defendant's testimony that: ________________________________________________

☐ Witness testimony that: ________________________________________________

☐ Physical evidence showing: ________________________________________________

☐ Video/audio evidence showing: ________________________________________________

☐ Victim's prior violent acts/threats known to defendant: _______________________

☐ Defendant's injuries: ________________________________________________

☐ Relative size/strength of parties: ________________________________________________

☐ Presence of weapons: ________________________________________________

☐ Location of incident: ☐ Defendant's home ☐ Defendant's vehicle ☐ Public place ☐ Other: _______

☐ Other relevant evidence: ________________________________________________

IV. REQUESTED INSTRUCTIONS

A. BASIC SELF-DEFENSE INSTRUCTION

Proposed Instruction No. ___:

Self-defense is a complete defense to the charge(s) of [charge(s)]. If you find that the defendant acted in lawful self-defense, you must find the defendant not guilty.

A person is justified in using force against another when and to the extent that the person reasonably believes such force is necessary to defend himself/herself against the other's imminent use of unlawful force.

In deciding whether the defendant's belief was reasonable, you should consider all the circumstances as they appeared to the defendant at the time, including:

☐ The nature of the threat perceived by the defendant
☐ The degree of force used by the aggressor
☐ The physical capabilities of the parties
☐ Any weapons involved
☐ The defendant's knowledge of the alleged victim's violent propensities
☐ [Additional factors]

The reasonableness of the defendant's belief is to be judged from the perspective of a reasonable person in the defendant's position at the time, and not with the benefit of hindsight.

Legal Authority: ________________________________________________

B. USE OF DEADLY FORCE INSTRUCTION

Proposed Instruction No. ___:

A person is justified in using deadly force only if the person reasonably believes that such force is necessary to prevent:

☐ Imminent death or great bodily harm to himself/herself or another; or
☐ The commission of a forcible felony [list applicable forcible felonies]

"Deadly force" means force that is likely to cause death or great bodily harm.

"Great bodily harm" means [jurisdiction-specific definition].

"Imminent" means [jurisdiction-specific definition - typically: immediately impending, not merely possible or eventual].

Legal Authority: ________________________________________________

C. NO DUTY TO RETREAT / STAND YOUR GROUND INSTRUCTION

(For jurisdictions with Stand Your Ground laws)

Proposed Instruction No. ___:

☐ Stand Your Ground Instruction:

A person who is lawfully present in any place has no duty to retreat before using force in self-defense. The defendant was not required to retreat before using [force/deadly force] if [he/she] reasonably believed such force was necessary to defend [himself/herself] from the imminent use of unlawful force.

You may not consider whether the defendant could have retreated as a factor in determining whether the defendant's use of force was justified.

Legal Authority: [State Stand Your Ground statute] ________________________________

☐ This jurisdiction DOES require retreat if safe to do so (traditional rule)

D. CASTLE DOCTRINE INSTRUCTION

(For use when incident occurred in defendant's home, vehicle, or curtilage)

Proposed Instruction No. ___:

Under the Castle Doctrine, a person who is in [his/her] [home/dwelling/occupied vehicle] has no duty to retreat before using deadly force if the person reasonably believes such force is necessary to prevent:

☐ Imminent death or great bodily harm; or
☐ The commission of a forcible felony; or
☐ Unlawful and forcible entry into [his/her] [dwelling/residence/occupied vehicle]

Presumption of Reasonable Fear:

A person is PRESUMED to have held a reasonable fear of imminent death or great bodily harm when using defensive force, including deadly force, if:

☐ The person against whom force was used was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle; OR
☐ The person against whom force was used had removed or was attempting to remove another person against that person's will from the dwelling, residence, or occupied vehicle.

Definition of Dwelling/Curtilage:

"Dwelling" includes [jurisdiction-specific definition - typically includes attached structures and curtilage].

"Curtilage" means [the land and outbuildings immediately surrounding a dwelling, typically including yards, porches, driveways, and garages].

Legal Authority: [State Castle Doctrine statute] ________________________________

Note: Per State v. Allison (N.C. 2025), the instruction must include all statutory presumptions and the curtilage definition as written in the statute.

E. DEFENSE OF OTHERS INSTRUCTION

Proposed Instruction No. ___:

A person is justified in using force to defend another person if:

1. The person being defended would have been justified in using self-defense; and
2. The defendant reasonably believed that the person being defended was in imminent danger of unlawful force; and
3. The defendant reasonably believed the force used was necessary to protect that person.

The defendant may use the same degree of force in defense of another that would be justified in self-defense.

Legal Authority: ________________________________________________

F. INITIAL AGGRESSOR INSTRUCTION

(Include only if evidence supports it)

Proposed Instruction No. ___:

☐ Defendant was NOT the initial aggressor:

The defense of self-defense is available to a defendant who did not provoke or initiate the confrontation. If you find that the defendant did not provoke or initiate the confrontation, [he/she] was entitled to defend [himself/herself].

☐ Right to self-defense regained after withdrawal:

Even if a person was the initial aggressor, [he/she] may regain the right to self-defense if [he/she]:

1. Withdraws from the encounter; and
2. Communicates to the other person, expressly or by conduct, the intent to withdraw; and
3. The other person nevertheless continues to use or threatens unlawful force.

☐ Response to sudden escalation:

A person who initiates a confrontation with non-deadly force does not forfeit the right to use deadly force in self-defense if the other person responds with sudden, deadly force that the defendant could not reasonably anticipate.

Legal Authority: ________________________________________________

G. IMPERFECT SELF-DEFENSE INSTRUCTION

(For jurisdictions recognizing this doctrine)

Proposed Instruction No. ___:

If you find that the defendant actually but unreasonably believed that [he/she] was in imminent danger of death or great bodily harm and actually but unreasonably believed that deadly force was necessary to prevent such harm, this is called "imperfect self-defense."

Imperfect self-defense is not a complete defense, but it reduces the offense from [murder] to [voluntary manslaughter/manslaughter].

To find imperfect self-defense, you must find that the defendant actually held these beliefs, even though a reasonable person in the same circumstances would not have held them.

Legal Authority: ________________________________________________

H. PRIOR THREATS AND VIOLENT CHARACTER EVIDENCE INSTRUCTION

Proposed Instruction No. ___:

In determining whether the defendant reasonably believed [he/she] was in imminent danger, you may consider evidence of:

☐ Prior threats made by [alleged victim] against the defendant
☐ Prior violent acts committed by [alleged victim] against the defendant
☐ The violent character or reputation of [alleged victim] if known to the defendant
☐ Prior assaults by [alleged victim] upon the defendant or others

This evidence is relevant to whether the defendant's belief that [he/she] was in danger was reasonable.

Legal Authority: ________________________________________________

I. BURDEN OF PROOF INSTRUCTION

Proposed Instruction No. ___:

☐ Prosecution Must Disprove (majority rule):

The defendant does not have the burden of proving self-defense. Once the defendant has presented some evidence of self-defense, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant did NOT act in lawful self-defense.

If, after considering all the evidence, you have a reasonable doubt whether the defendant acted in lawful self-defense, you must find the defendant not guilty.

☐ Defendant Bears Burden (minority rule):

The defendant bears the burden of proving self-defense by a [preponderance of the evidence / other standard].

Legal Authority: ________________________________________________

V. OBJECTION TO PROSECUTION'S PROPOSED INSTRUCTIONS

☐ Defendant objects to Prosecution's Proposed Instruction No. ___ because:

________________________________________________

________________________________________________

☐ Defendant objects to Prosecution's Proposed Instruction No. ___ because:

________________________________________________

________________________________________________

VI. EXHIBITS

☐ Exhibit A: Pattern Jury Instructions (jurisdiction-specific)

☐ Exhibit B: Applicable Statutes

☐ Exhibit C: Supporting Case Law

☐ Exhibit D: Evidence Summary Supporting Self-Defense

☐ Exhibit ___: ________________________________________________

VII. CONCLUSION

The evidence in this case supports instructing the jury on self-defense and the related doctrines requested above. As the Supreme Courts of North Carolina and New Jersey recently emphasized in State v. Allison (2025) and State v. Bragg (2025), failure to provide complete and accurate self-defense instructions constitutes reversible error requiring a new trial.

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Give each of the proposed jury instructions set forth above;

2. Include all statutory language, presumptions, and definitions required by law;

3. Deny or modify the prosecution's proposed instructions as noted; and

4. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

________________________________________
Attorney for Defendant

Date: _______________________

CERTIFICATE OF SERVICE

I hereby certify that on _____________, a true and correct copy of the foregoing Request for Self-Defense Jury Instructions was served upon:

_________________________ [Prosecuting Attorney]
_________________________
_________________________

By: ☐ Hand delivery ☐ First-class mail ☐ Electronic filing/service ☐ Fax

________________________________________
Attorney for Defendant

STATE-SPECIFIC VARIATIONS

States with Stand Your Ground Laws (No Duty to Retreat)

Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming

States with Castle Doctrine Only (Retreat Required in Public)

California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin

California (CALCRIM 505, 506, 3470)

• No duty to retreat anywhere
• Reasonable belief standard
• CALCRIM instructions govern
• Prior threats/assaults considered

Florida (Fla. Stat. § 776.012, 776.013)

• Extensive Stand Your Ground law
• Presumption of fear in dwelling
• Pretrial immunity hearing available

Texas (Penal Code §§ 9.31, 9.32)

• Castle Doctrine includes vehicle and workplace
• Stand Your Ground in most situations
• Force justified to prevent certain felonies

New York (Penal Law § 35.15)

• Duty to retreat if safe in public
• Castle Doctrine applies in dwelling
• Reasonable belief of physical force needed

Pennsylvania (18 Pa.C.S. § 505)

• Castle Doctrine with Stand Your Ground elements
• No duty to retreat in home, vehicle, or workplace
• Limited duty to retreat elsewhere

PRACTICE NOTES