OUJI-CR 8-51

DEFENSE OF SELF-DEFENSE - DEFENSE REESTABLISHED

A person who (was the original aggressor)/(provoked another with intent to cause the altercation)/(voluntarily entered into mutual combat) may regain the right to self-defense if that person withdrew or attempted to withdraw from the altercation and communicated his/her desire to withdraw to the other participant(s) in the altercation. If, thereafter, the other participant(s) continued the altercation, the other participant(s) became the aggressor(s) and the person who (was the original aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat) is entitled to the defense of self-defense.