Need help- looking for CA case law regarding CA "castle doctrine "

[RoadKing]

So I know CA does not have a true Castel Doctrine, however, the CA penal code does state that someone breaking into your home who is not a family member and does not live there provides adequate belief of deadly or great harm In order for the home owner to use deadly force in order to protect their person and family members.

I am looking for case law or at least where to look for the case law showing this.

As background I am having a discussion with a lawyer friend and to be honest, I am just tired of his " well If this happened you would be guilty" responses. I would like to crush him, in the politest possible way since he is a friend.

Any help as to where to find this info or even the cases to look at would be greatly appreciated.

Thanks for the help!!

[Ninety]

what about case law in regards to stand your ground in CA?

[cranemech]

I don't know about case law but have you gone to CA Office of the Attorney General website, then go to the California Firearms Laws Summary Booklet. If you scroll to page 26 you can start reading the section titled "Use of Firearms in defense of Life and Property".

On page 27 under the "Protecting One's Home Heading"

Let us know how it works out.

[JoshuaS]

It may have been changed, but a few years ago I read the standard jury instructions when self-defense is claimed, and it was very much worded in a way favorable to the person claiming self defense.

They have been revised (good, ill, neutral don't know) since I read them. You can read them here: http://www.courts.ca.gov/partners/do...im_juryins.pdf page 315 ff

This will give you some idea, if charges are brought, to how the system is played here.

[JoshuaS]

Note well this section, which may help with "stand your ground" defense

A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/<insert forcible and atrocious crime> ) has passed. This is so even if safety could have been achieved by retreating

Note too there are "perfect" and "imperfect" defenses based on self-defense.

In anycase, no matter how clear the case may be, don't talk to the cops. Talk to a qualified lawyer first.

[Librarian]

[RoadKing]

Thanks everyone. Time to do a little reading now that I know where to look and phrase my next response...

Merry Christmas!