Using Deadly force in California.

[truthseeker]

Hypothetical situation:

I wake up to my house alarm going off and I see an individual in my house. I tell him to lay on the ground or I am going to shoot him! He charges me and I kill him. Am I justified in my actions?

[hawk1]

Did you fear for your life?

But wait,

Was he bigger or smaller than you?

Did he do or say anything that would make you, a reasonable person, think that he could harm you?

[truthseeker]

Yes I did fear for my life since he broke into MY house in the middle of the night.

He was the same size but looked bigger because he was wearing all black.

What he did was charge me after I told him I was going to shoot him if he did not get on the ground, so yes I did think that he was/could harm me.

[liberty08]

Hypothetical situation:

I wake up to my house alarm going off and I see an individual in my house. I tell him to lay on the ground or I am going to shoot him! He charges me and I kill him. Am I justified in my actions?

I'd say you are justified but it really is up to the court.

[truthseeker]

Now, what if he runs out the door and I lay my gun down and give chase into the street, tackle him, he resists and I beat the sh*t out of him in order to apprehend him until the police arrive. Am I justified?

[hawk1]

Yes I did fear for my life since he broke into MY house in the middle of the night.

He was the same size but looked bigger because he was wearing all black.

What he did was charge me after I told him I was going to shoot him if he did not get on the ground, so yes I did think that he was/could harm me.

Maybe you thought he was charging you but in reality he was trying to get out because he realized he was in the wrong house?....

[liberty08]

I'm pretty sure you could be charged with battery or excessive force in that case. Once he is off your property things change. Technically if he is fleeing then he is no threat and there is no justification to use force. I'm not offering legal advice and not a lawyer so I could be wrong.

[hawk1]

Now, what if he runs out the door and I lay my gun down and give chase into the street, tackle him, he resists and I beat the sh*t out of him in order to apprehend him until the police arrive. Am I justified?

No, once he has broken off the confrontation and you pursue him you are now the agressor.

[jamesob]

Now, what if he runs out the door and I lay my gun down and give chase into the street, tackle him, he resists and I beat the sh*t out of him in order to apprehend him until the police arrive. Am I justified?

first answer is yes if you are in FEAR OF YOUR LIFE, got it .second scenerio is yes you are ok if he RESISTS, as long as it an *** whoopin that is not exesive. even at that i think your good to go.

[sorensen440]

I think your safe in the first example
either way I would shoot
If someone has broken into my house and charges me he's dead

and as far as chasing him out into the street your not justified unless hes carrying your child or somthing

[truthseeker]

Can anyone post up the laws for California on the use of deadly force? I tried searching and I cannot find anything.

[truthseeker]

Also, what about using bear pepper spray on a perpetrator? I think it is better since it sprays further.

And what about keeping bear pepper spray in your car for self defense. Is it legal?

[Blademan21]

Deadly force in Calif.

If you chase him,tackle him and he is combative,you can use NECESSARY force in order to make a citizen's arrest. PC 837

[truthseeker]

PC 837 says only if a felony has been committed. Is Breaking and Entering a felony?

[the_natterjack]

Now, what if he runs out the door and I lay my gun down and give chase into the street, tackle him, he resists and I beat the sh*t out of him in order to apprehend him until the police arrive. Am I justified?

Justified? I dunno, it just sounds like a stupid thing to do. How do you know he is not armed? has buddies outside? Do you really wanna get into a fist fight with some junkie who may have AIDS or Hep?

Also, what about using bear pepper spray on a perpetrator? I think it is better since it sprays further.

And what about keeping bear pepper spray in your car for self defense. Is it legal?

It has a higher percentage of OC hence "bear strength". I have no knowledge of it spraying farther. I carry it in my car. I know of no law against it.