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Krayzcolt
03-22-2010, 8:25 PM
Does California have a Castle Doctrine? I read an article in Combat Handguns Magazine. It spoke of a Castle Doctrine and home defense. It also said that all states don't have one of these. Apparently it gives the home owner more rights to defend their home.

Librarian
03-22-2010, 8:48 PM
Does California have a Castle Doctrine? I read an article in Combat Handguns Magazine. It spoke of a Castle Doctrine and home defense. It also said that all states don't have one of these. Apparently it gives the home owner more rights to defend their home.

Not as such.

There's no duty to retreat, and in some circumstances the defender is presumed to be "in reasonable fear" etc 198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.

Not a blank check, and not a protection from an arrest and trial.

Dr Rockso
03-22-2010, 8:53 PM
There is no duty to retreat within your home in CA, and you are presumed to have been in fear for your life if you use deadly force defending your home from an intruder. This only extends to your home, and CA law doesn't have the civil protections that some other states have. It's not the best, but it's not the worst either.

bwiese
03-22-2010, 9:00 PM
There is no duty to retreat within your home in CA, and you are presumed to have been in fear for your life if you use deadly force defending your home from an intruder. This only extends to your home, and CA law doesn't have the civil protections that some other states have. It's not the best, but it's not the worst either.

The civil protections residents of certain other states )with that codified) think they have probably doesn't exist anywhere near 100%.

It's not nirvana land - if someone is dead, there are a wide variety of reasons civil suits can still be attempted - and not be dismissed. Also, those laws don't preempt Federal civil rights lawsuits [act perceived to be colored by racism, etc.]

The best defense is to have a completely legit shoot, and not plug the perp in his back. And don't shoot just "because you can".

Shotgun Man
03-22-2010, 9:03 PM
I'm gonna get a reputation for continually harping on this, but the first sentence of your post should have been your thread title.

Is someone more likely to click on the thread that says "Does anyone know" or the more substantive question of "Does CA have Castle Doctrine?"

May I gently suggest your thread title convey the point of your post?

I can say without fear of contradiction that there is no duty to retreat for one who reasonably fears he is imminent danger of death or GBI.

Here's the jury instruction you'll likely get if you kill an intruder:

3477 Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury (Pen. Code, 198.5)

__________________________________________________ _________________

The law presumes that the defendant reasonably feared imminent death or great bodily injury to (himself/herself)[, or to a member of (his/her) family or household,] if:
1. An intruder unlawfully and forcibly (entered/ [or] was entering) the defendant's home;

2. The defendant knew [or reasonably believed] that an intruder unlawfully and forcibly (entered/ [or] was entering) the defendant's home;

3. The intruder was not a member of the defendant's household or family;

AND


4. The defendant used force intended to or likely to cause death or great bodily injury to the intruder inside the home.

[Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.]

The People have the burden of overcoming this presumption. This means that the People must prove that the defendant did not have a reasonable fear of imminent death or injury to (himself/herself)[, or to a member of his or her family or household,] when (he/she) used force against the intruder. If the People have not met this burden, you must find the defendant reasonably feared death or injury to (himself/herself)[, or to a member of his or her family or household].

__________________________________________________ _________________

So the law does afford a presumption under these circumstances that you are in reasonable fear of death or GBI.

Kind regards.

Librarian
03-22-2010, 9:05 PM
I'm gonna get a reputation for continually harping on this, but the first sentence of your post should have been your thread title.

Is someone more likely to click on the thread that says "Does anyone know" or the more substantive question of "Does CA have Castle Doctrine?"

May I gently suggest your thread title convey the point of your post?



Hear, hear! :yes:

Krayzcolt
03-24-2010, 4:45 PM
Thank you for the information guys. I would definitely work on the titles for any future post I submit.

CAL.BAR
03-24-2010, 5:20 PM
BTW please note it says "into your home" all you wannabes who grab the gun and go out to the back yard - beware. May not apply to all areas of your home.

gvbsat
03-24-2010, 5:24 PM
I'm gonna get a reputation for continually harping on this, but the first sentence of your post should have been your thread title.

Is someone more likely to click on the thread that says "Does anyone know" or the more substantive question of "Does CA have Castle Doctrine?"

May I gently suggest your thread title convey the point of your post?

I can say without fear of contradiction that there is no duty to retreat for one who reasonably fears he is imminent danger of death or GBI.

Here's the jury instruction you'll likely get if you kill an intruder:



So the law does afford a presumption under these circumstances that you are in reasonable fear of death or GBI.

Kind regards.

Like I have said before, I think you should write up a spread sheet, or maybe a PP presentation so we can download it and post the "right" way.

Flopper
03-24-2010, 5:33 PM
Like I have said before, I think you should write up a spread sheet, or maybe a PP presentation so we can download it and post the "right" way.

Sarcasm fail.

Shotgun Man had a legitimate point.

A title should give you some sort of idea of what is actually in the thread.

Vague and ambiguous thread titles should remain in forums populated by idiots.

Btw, because of your post, I hereby dock you one interwebz.

HokeySon
03-24-2010, 8:00 PM
BTW please note it says "into your home" all you wannabes who grab the gun and go out to the back yard - beware. May not apply to all areas of your home.

You are right and I actually think it is pretty clear that 198.5 does not apply at all to anything outside the home (yards etc.). There is a case I recall from the early 90's where a homeowner was threatened on his porch and the presumption was held not to apply because there was no entry into the house itself.

Meplat
03-24-2010, 8:08 PM
I'm gonna get a reputation for continually harping on this, but the first sentence of your post should have been your thread title.


It's a dirty job but someone has to do it.:)