Use of deadly force to protect pets?

[MalC]

I just read a post about a member's grandfather who had some guys pretending to be from PG&E come to his front door. He didn't let them in, and the 4 men in his backyard left as soon as they saw him holding a shotgun inside the house. Unfortunately, they beat his dog to death with a metal pipe before leaving.

If I saw 4 guys beating a human family member with a metal pipe in my backyard, I would be justified in using deadly force to stop the attack. Is the same true for a canine member of the family? Would it make any difference if this occurred in a back yard (ie, no forced entry), or inside the house after an intruder broke in?

[LMTluvr]

No. Deadly force is only justifiable when you can articulate beyond reasonable doubt an immediate perceived threat of great bodily injury or death to a human.
However in the scenario where said intruder is inside you're house already it's game on( noting that just because you can doesn't always mean you should but that's a whole new topic). Providing again, you can establish a reasonable perceived threat to you or others. Many would say that their presence inside you're home is enough to cause such threat.

[AAShooter]

Pets are considered property.

[2shotjoe]

Can't do it.

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[Chris J]

My understanding is the answer is NO. Pets are property, and protection of property does not justify deadly force.

I admit I would find retaliation hard to resist in that situation. But killing a dog does not justify killing a human.

[Justin Case]

Where did you read about this?

I would be hard pressed to restrain myself in such a situation.

I would come to my dog's defense. If they then attacked me, I would act within the law to defend myself.

I am interested in what the legal eagles have to say about this.

[evlblkrfl]

I saw a dude blast some moose with a Glock 20 for ****in with his dogs,on Alaska state troopers(???) Totally justified. Of course you're talking humans,in California,so ...probably no bueno.

[Peter.Steele]

If, however, your dog is on a leash that you are holding ... that can be considered a whole different story. There's significant case law that holds that something which is intimately and physically attached to a person is just as much a part of that person as any body part.

An attack on a dog held on a leash could very likely be met with deadly force without too many problems.

[uhlan1]

I believe one would have to be able to articulate that one had good and reasonable belief that one's own or family lives were in danger. Unfortunately, the law sees a dog as just property. Maybe one could articulate such and maybe not. Would depend on the DA and how loud the perps families were screaming they were attacked by the dog while just cutting through the yard. I always enjoy how when a known banger get's whacked here, every single time the families are in the paper whining how he wasn't in a gang and what a nice boy he was. Then the inevitable car wash for the better off dead flotsam.
Civil or criminal though, be happy to serve on your jury . Hung for sure.

[Justin Case]

...Civil or criminal though, be happy to serve on your jury . Hung for sure.

I'd do the same for you

[uhlan1]

My understanding is the answer is NO. Pets are property, and protection of property does not justify deadly force.

I admit I would find retaliation hard to resist in that situation. But killing a dog does not justify killing a human.

Maybe legally. Morally? Don't have much of a problem with it. Anyone who could beat a dog to death with a pipe is fully capable of doing it to a human. Their removal from our plane of existence would be no great loss.

[LMTluvr]

Maybe legally. Morally? Don't have much of a problem with it. Anyone who could beat a dog to death with a pipe is fully capable of doing it to a human. Their removal from our plane of existence would be no great loss.

Absolutely! Great point.

[pdq_wizzard]

The dog was trying to protect me they killed the dog and I was next.

[Stewdabaker23]

I wouldnt give a s**t. First off they would be trespassing by being on my property and if they touched my dog they would be dead. I would say that I feared for my life because they may have came for me next.

[jaymz]

Yes, officer. I did hear my dog yelping in fear/pain. I grabbed my shotgun and went to investigate. All four of the deceased men headed my direction and I feared for my life. I'll have to respectfully decline to answer any more questions until I can consult with the appropriate legal counsel.

Something along those lines.