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[jakejake527]

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[CreamyFettucini]

I'm pretty sure killing a man for stealing your watch is NOT self defense, so that's a no for 3

[jakejake527]

What if I shoot him on the leg? As a warning. I'm thinking a gun doesn't have to be used to kill but to injure....

[Tasty]

I'm no lawyer, but I'd personally say #3 is a no go, as he's on his way out. From what I understand about this state, we aren't allows to use lethal force to protect our property.
Aside from that, I'd say whatever distance makes you feel that your life and/or your families lives were in danger would be a justified distance to fire. I can't give any sort of solid measurement because that's kind of a personal decision based on a lot of different factors.

[zinfull]

No warning shots. You shoot to stop the threat, if he lives you need more practice.

[IA300]

What if I shoot him on the leg? As a warning. I'm thinking a gun doesn't have to be used to kill but to injure....

Bad thought, you can still be charged with a crime for shooting to wound. Besides with the stress of the situation and your adrenaline pumping, I would say go with the percentage shot and aim center mass. (Assuming you feel you are justified in pulling the trigger, it's a slippery slope).
Take a look at PC 198.5. That will give you some good insight as to what you can do to defend LIFE from GBI (Great Bodily Injury) or death. http://law.onecle.com/california/penal/198.5.html
There is never a time when taking a life is justified for property, however, with proper circumstances and articulation, you may be justified in defending you or your family from GBI or death. There is no cut and dry answer for any of your scenarios because there are too many other variables. Sorry...

[Doghouse_Riley]

Don't rely on internet advice on an issue of this level of importance, It can literally mean life and death. Do some research. Talk to an attorney that specializes in self defense.

2 things I will say. 1 )In CA you have the right to defend yourself if there is a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household. 2) If you do have to defend yourself afterwards call 911 and then an attorney. When the police get there say, "I didn't do anything wrong and I'll cooperate fully once I've spoken to an attorney." Then shut your mouth until you talk to a lawyer.

[Supertac916]

For self defense purposes you have to be in imminent danger of death or great bodily injury to use deadly force. You can use deadly force to defend another from the same. The use of a gun is deadly force.

If a person has a weapon, knife, crowbar, blunt object, or even bare hands. A average person can run 21 feet before a person with a gun can draw and fire a firearm. If you let them get that close it's too late. If you already have your gun on them and they start coming towards you. Personally, I wouldn't hesitate because the person is in your home and obviously has no regard for your life or your family's, let alone his own.

In California we cannot shoot someone leaving to protect personal property. Once the threat of great bodily injury or death is over using our guns is no longer self defense. DO NOT SHOOT TO WOUND OR KILL. WE SHOOT UNTIL THE THREAT IS OVER. If you shoot someone in the leg on purpose to prevent escape the prosecutor could assume that you were not in imminent danger.

Lastly, in California we have the Castle Doctrine, which assumes that if there is a stranger in our home we are not required to retreat. It also assumes that the fear of great bodily injury or death in that event is fulfilled and we can use deadly force to defend ourselves.

However, in California expect to be sued in civil court by the person or his/her family. There are some grey areas, but my rule of thumb is. If someone is in my house I will use deadly force to defend myself and my family. If they are taking personal property and are running out the door, I'll let them go. However, if they are in my house and not literally running out the door, I will not wait until I see their hands for a weapon. They are a threat and I will use deadly force.

I'd recommend looking up the penal codes, talking to attorney's, or even taking a Criminal Justice law class. You go through all of these different scenarios of self defense. There are multiple variables and sometimes it's a fine line of justifiable self defense or murder.

[jakejake527]

Where can I get some free advice from a lawyer? They're pricey and I assume not may will offer free advice even if it only takes 15 seconds to answer a question

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.Great info Supertac...thanks
.

Also, can someone be considered a threat to cause great bodily injury or death if they don't have a weapon in their hands? Even if they are only 4'10" and 80 lbs and looks like they're only 13 years old?

[MrExel17]

Don't rely on internet advice on an issue of this level of importance, It can literally mean life and death. Do some research. Talk to an attorney that specializes in self defense.

2 things I will say. 1 )In CA you have the right to defend yourself if there is a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household. 2) If you do have to defend yourself afterwards call 911 and then an attorney. When the police get there say, "I didn't do anything wrong and I'll cooperate fully once I've spoken to an attorney." Then shut your mouth until you talk to a lawyer.

OP I have to totally agree with "Doghouse_Riley", I know you seek advice but take this with a grain of salt and "Do NoT" reply on our opinions. Every situation is different and your reaction will apply to it.

At the end of the day you have to protect your family by any means necessary. With all your scenarios there is no warning shots if any intruder coming close to them weapon or not their going down. I'll deal with the ish later but I can't take back if my love ones get hurt. Just my .2 good day!

[CreamyFettucini]

Also, can someone be considered a threat to cause great bodily injury or death if they don't have a weapon in their hands? Even if they are only 4'10" and 80 lbs and looks like they're only 13 years old?

There is no law specifically stating what is considered a threat. That is up to you at the time to determine. If you make the decision to use deadly force you need to be able to articulate your reasoning for using it. If you can't you'll be up for civil law suits and criminal prosecution.

[Supertac916]

Where can I get some free advice from a lawyer? They're pricey and I assume not may will offer free advice even if it only takes 15 seconds to answer a question

.
.Great info Supertac...thanks
.

Also, can someone be considered a threat to cause great bodily injury or death if they don't have a weapon in their hands? Even if they are only 4'10" and 80 lbs and looks like they're only 13 years old?

That would be a grey area. I had a family friend shoot a teenager in his front entry way. The teenager came to the house in the middle of the night and rang the door bell. The stepson answers the door and the gangbanger started beating the kid. My family friend wakes up to hear what's going on and grabs his Beretta 92fs. He ends up shooting the kid twice in the chest defending his stepson because he didn't know what was going on. It was dark and he didn't know, if his stepson was being stabbed or what. He feared a imminent threat to his stepson's safety and thought he was being inflicted with great bodily injury. The kid ran and jumped into his friends car, where they drove him to the hospital. He died in the parking lot.

My family friend was acquitted from his charges, but after he found out it was a teenager it was very difficult for him to accept. He did what he thought was right at the time with a stranger in his home and attacking his family. He was also sued civilly by the kids family.

Can you shoot a teenager or someone who looks like a teenager in self defense, who is unarmed? The answer is yes on some instances, but you have to meet the fear of great bodily injury or death of yourself or a loved one.

By the way, I am not an attorney and I can only speak from my studies in Criminal Law or personal experiences. Take my advice with a grain of salt and try to understand the laws that we must abide by to the best of your knowledge. Personally, I have and will always exercise every possible option before using deadly force. A lot goes through your head, when you are put in a life and death situation where you may have to use deadly force. The more you know, the better you will come out. Hopefully, you'll be able to de-escalate the situation before having to take another life.

[Doghouse_Riley]

Where can I get some free advice from a lawyer? They're pricey and I assume not may will offer free advice even if it only takes 15 seconds to answer a question

.
.Great info Supertac...thanks
.

Also, can someone be considered a threat to cause great bodily injury or death if they don't have a weapon in their hands? Even if they are only 4'10" and 80 lbs and looks like they're only 13 years old?

Google is your friend.

[DennisCA]

For self defense purposes you have to be in imminent danger of death or great bodily injury to use deadly force. You can use deadly force to defend another from the same. The use of a gun is deadly force.

If a person has a weapon, knife, crowbar, blunt object, or even bare hands. A average person can run 21 feet before a person with a gun can draw and fire a firearm. If you let them get that close it's too late. If you already have your gun on them and they start coming towards you. Personally, I wouldn't hesitate because the person is in your home and obviously has no regard for your life or your family's, let alone his own.

In California we cannot shoot someone leaving to protect personal property. Once the threat of great bodily injury or death is over using our guns is no longer self defense. DO NOT SHOOT TO WOUND OR KILL. WE SHOOT UNTIL THE THREAT IS OVER. If you shoot someone in the leg on purpose to prevent escape the prosecutor could assume that you were not in imminent danger.

Lastly, in California we have the Castle Doctrine, which assumes that if there is a stranger in our home we are not required to retreat. It also assumes that the fear of great bodily injury or death in that event is fulfilled and we can use deadly force to defend ourselves.

However, in California expect to be sued in civil court by the person or his/her family. There are some grey areas, but my rule of thumb is. If someone is in my house I will use deadly force to defend myself and my family. If they are taking personal property and are running out the door, I'll let them go. However, if they are in my house and not literally running out the door, I will not wait until I see their hands for a weapon. They are a threat and I will use deadly force.

I'd recommend looking up the penal codes, talking to attorney's, or even taking a Criminal Justice law class. You go through all of these different scenarios of self defense. There are multiple variables and sometimes it's a fine line of justifiable self defense or murder.

I totally agree - If someone breaks in your house (these days) you have to assume they mean you harm, therefore if they are in your house.....SHOOT.
You don't know if they have a weapon behind them or in a jacket.
BTW - Shoot center mass! Shooting for the arms or legs is risky and most people in a pressure situation can't do that.
One more thing, when you go to the range (where the permits and doing it safely) go through several situations you might encounter.
Here's a couple of examples:
Have someone operate the target and move it forward - rapidly and try hitting it. Also shoot left-hand, you might be only be able to hit the broad-side-of-a-barn but it might be close enough.
I'm sure they offer some type of classes that go though real-life situations.

[sfbay]

why is home and property listed before, "family" ?


WTF !


sounds like you're priorities are all screwed up...

I have a few questions regarding protecting my home, property, and family...

-Please consider that we live in an apartment (San Diego, California)
-Please do not send me a link to penal codes or anything. I'm asking for advice from people who already understand California laws/rules
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Situation 1:

I have my gun drawn and pointed at a bad guy inside my house. I tell the bad guy to get out. I see he doesn't have any weapon in his hands. He starts walking towards me. At what point or distance can I shoot him? What if he starts running towards me? What if he turns him back towards me but starts walking backwards towards me?
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Situation 2:

What if the bad guy has a crow bar in his hands or any other tools or maybe even a knife, which he might have used to open the door/window. There's a chance he can throw it and injure me. At what point or distance can I shoot him.
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Situation 3:

What if the bad guy doesn't have any weapons or tools in his hands. Then he grabs an expensive watch in the counter or any other items I own (value doesn't matter). He starts walking towards the door to leave. Am I allowed to shoot him even after I warn him to leave the item(s) behind? Am I supposed to just let him get away with my stuff?
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Situation 4:

What if the bad guy in the living room without a weapon or any tools in his hands. My wife and kid are in the kitchen stunned and too scared to move. I'm one side of the living room with my gun draw and pointed at him telling him to get out. Then he starts walking towards my wife and kid at the kitchen. At what point or distance can I shoot him?
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Thanks for your help