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Can home owner face charges?

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  • #31
    Socratic
    Banned
    • Feb 2017
    • 173

    CA has the castle doctrine.

    Based upon the article, I doubt that the homeowner will be charged. The burglars were inside of his house, so the presumption is the homeowner's life was in danger.

    A more thorough statement from the homeowner would have been helpful.

    In CA, anything's possible.

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    • #32
      Wallabing
      Senior Member
      • Jan 2009
      • 1499

      Whether the homeowner will be charged is completely dependent of the cops on scene, and the stuff they are willing to turn over to the district attorney.

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      • #33
        TransplantTexan
        Senior Member
        • Aug 2012
        • 890

        Originally posted by Abrams07
        you can't shoot them in the back.
        Skip to 2:50
        Originally posted by Ron White
        You can shoot them in the leg until they turn around
        Ignorance is a matter of choice and is usually cured by age, experience and education, but stupid is genetic in nature, and incurable.

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        • #34
          Mayor McRifle
          Calguns Addict
          • Dec 2013
          • 7788

          Originally posted by Wallabing
          Whether the homeowner will be charged is completely dependent of the cops on scene, and the stuff they are willing to turn over to the district attorney.
          Isn't that true in any case, anywhere, involving anything?
          Last edited by Mayor McRifle; 04-04-2017, 8:27 PM.
          Anchors Aweigh

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          • #35
            Cokebottle
            Seņor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by XDJYo
            California has a Castle Doctrine.
            It is not a "get out of jail free" card.

            It is an affirmative defense, IF there are signs of forced entry.

            IF the officer believes that you acted out of genuine fear for your life or the life of another, he may not arrest you. The DA may still issue a warrant and charge you if he believes the evidence does not support your statement.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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            • #36
              Cokebottle
              Seņor Member
              CGN Contributor - Lifetime
              • Oct 2009
              • 32373

              Originally posted by Abrams07
              you can't shoot them in the back.
              It happens all the time.

              Bogey decides to turn and run a microsecond before you decide to pull the trigger.
              He can pivot his back to you more quickly than you can recognize the movement and send the "abort" command to your finger.
              - Rich

              Originally posted by dantodd
              A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

              Comment

              • #37
                Abrams07
                Junior Member
                • Mar 2017
                • 10

                Originally posted by Cokebottle
                It happens all the time.

                Bogey decides to turn and run a microsecond before you decide to pull the trigger.
                He can pivot his back to you more quickly than you can recognize the movement and send the "abort" command to your finger.
                You removed the context of my statement. The context was they were out of your house, running away, w/ property of yours. You can't shoot them in the back.

                Contrast that with an active felon in your home. If he turns around, and you shoot him in the back, that is entirely different. He is still an active threat. He is still in your home. There are a million situations where any reasonable person would fire a round and hit a bad guy in the back.

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