Using Deadly force in California.

[Blademan21]

Deadly force in Calif.

Did you read (1) for a public offense committed or attempted in his presence. Your post said your alarm was going off and the bad guy was in your house. That makes it "offense committed in your presence",right?Hopefully the DA will charge him with PC 459.

[Ding126]

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?

You will be prosecuted by CA law.

The person in question better have a weapon in his hand at a minimum. If you have some wounds thats better for you as well...in order to have a chance of being justifiable.

My father..retired Pd always said..you better put something in his hand and make sure they are in the house..not outside and not running away. And then you might have a chance to prove it was justifiable.

[truthseeker]

You will be prosecuted by CA law.

The person in question better have a weapon in his hand at a minimum. If you have some wounds thats better for you as well...in order to have a chance of being justifiable.

My father..retired Pd always said..you better put something in his hand and make sure they are in the house..not outside and not running away. And then you might have a chance to prove it was justifiable.

LOL about the put something in his hand!

I wonder if my girlfriends dild* I mean massager would suffice!

[Vinz]

ahhh I think most of that is better know and not said. LOL


Its a real fine line...is this that airsoft for protection guy?? Just wondering.


vinz

[Librarian]

It's not a slam dunk, but here's the applicable Penal Code:

197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.

198. A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully committed, is not sufficient to justify it. But the
circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of
such fears alone.

198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.

199. The homicide appearing to be justifiable or excusable, the
person indicted must, upon his trial, be fully acquitted and
discharged.

In the house: likely justifiable. Out of the house: very risky. Put something in the decedent's hand: extremely risky, and a Bad Idea Entirely.

[5150Marcelo]

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.

Why it gotta be black?

[5150Marcelo]

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?

If some one breaks into my house in the middle of the night, and charges me... Im dumpin! Thats that!

[John Browning]

You will be prosecuted by CA law.

The person in question better have a weapon in his hand at a minimum. If you have some wounds thats better for you as well...in order to have a chance of being justifiable.

My father..retired Pd always said..you better put something in his hand and make sure they are in the house..not outside and not running away. And then you might have a chance to prove it was justifiable.

WRONG! If you find someone you don't know inside your house in the middle of the night, you point a gun at him and give a command, and he charges you, you have absolutely every right to use deadly force if you are in fear for your life. I think that there is certainly enough reason to be fearing for your life, I haven't heard of too many good Samaritans who break into houses at 2am to do good deeds. I don't think anyone would ever charge a man with a weapon unless he was intending to take said weapon and kill said man. There is already a gun introduced into the situation, and if he isn't complying there is more than a good chance he is spun on some narcotic, he can overpower you, and might kill you with your own weapon. Do you want to get into a battle for your own weapon? You had better rest assured that he is not charging you to give you a big hug and kiss and thank you for showing him the errors of his ways. The only stranger I'm OK with finding in my home at 1 o'clock in the morning is Santa, everyone else shall be treated with great caution.

[five.five-six]

no matter what, you are having your hands bagged and going down town, do not give up your 5th amendment rights without speaking with representation

keep your mouth shut

[Ding126]

WRONG! If you find someone you don't know inside your house in the middle of the night, you point a gun at him and give a command, and he charges you, you have absolutely every right to use deadly force if you are in fear for your life. I think that there is certainly enough reason to be fearing for your life, I haven't heard of too many good Samaritans who break into houses at 2am to do good deeds. I don't think anyone would ever charge a man with a weapon unless he was intending to take said weapon and kill said man. There is already a gun introduced into the situation, and if he isn't complying there is more than a good chance he is spun on some narcotic, he can overpower you, and might kill you with your own weapon. Do you want to get into a battle for your own weapon? You had better rest assured that he is not charging you to give you a big hug and kiss and thank you for showing him the errors of his ways. The only stranger I'm OK with finding in my home at 1 o'clock in the morning is Santa, everyone else shall be treated with great caution.

In a perfect world your scenario works. Its a bit different in CA. I will try to find the article and of a lady who was prosecuted for protecting herself in CA. with what you described above.

[bodyarmorguy27]

WRONG! If you find someone you don't know inside your house in the middle of the night, you point a gun at him and give a command, and he charges you, you have absolutely every right to use deadly force if you are in fear for your life. I think that there is certainly enough reason to be fearing for your life, I haven't heard of too many good Samaritans who break into houses at 2am to do good deeds. I don't think anyone would ever charge a man with a weapon unless he was intending to take said weapon and kill said man. There is already a gun introduced into the situation, and if he isn't complying there is more than a good chance he is spun on some narcotic, he can overpower you, and might kill you with your own weapon. Do you want to get into a battle for your own weapon? You had better rest assured that he is not charging you to give you a big hug and kiss and thank you for showing him the errors of his ways. The only stranger I'm OK with finding in my home at 1 o'clock in the morning is Santa, everyone else shall be treated with great caution.

+1 Couldn't agree with you more. I've been at the scene of two shootings of burglars/home invaders. No charges were ever brought. If the perp is killed, the PD would present the report to the DA to see if charges are warranted. It would likely be rejected as a self-defense or justifiable homicide. And this is normal.

Day time burglars typically hit when no one is home.

At night, it is more reasonable to find the occupants at home. So the fact that someone is in your house at night, with an audible alarm sounding is cause enough for you (or for me at least) to fear that the suspect in your house is armed and there to cause you harm.

And for those of you in Southern California, particularly the LA area. There is a slight rise in the number of home invasion robberies (Multi-3 suspects armed). They're not just hitting dope pads anymore either. Usually South Central gangsters hitting middle class and affluent areas. And usually front door kicks, FYI.

An example of a California woman who wasn't prosecuted, and she's cute, too.

[firecaptdave]

Get the book "How to Own a Gun and Stay Out of Jail" by John Machtinger. It gives a number of SD examples, including the one you used.

http://www.gunlawpress.com/

.

[John Browning]

In a perfect world your scenario works. Its a bit different in CA. I will try to find the article and of a lady who was prosecuted for protecting herself in CA. with what you described above.

I'd be very interested to read it. The devil is always in the details....

[FortCourageArmory]

Persuing someone that just broke into your house and using the "necessary force" to subdue him is legal under CA law. Breaking and Entering an occupied dwelling is part of CA PC 459 and is a felony and as such the fleeing suspect is a felon. That allows you to chase him down and hold him for the police. Does that allow you to stand over his unconscious form and use a baseball bat to pummel him into multi-colored goo? No. But you can use whatever force necessary to overcome the resistance.

Now, is it smart to chase someone down that just broke into your house? Not especially, but you're covered under the law if you do. Either way, have a bunch of money for a good attorney.

[tombinghamthegreat]

Generally in the home if you are in fear for your life like the example used by truthseeker, it would be fair game. If the person(s) was willing to harm or kill you even though you had a gun pointed at them, imagion what they would if you were not armed. Odds are the intruter might use death threats(might be considered terriorist threats) which in a criminal court make it easier to prove SD. Now SD in your house is justifiable in CA, using deadly force in SD outside your home is legal, it maybe very expensive to prove depending on the situation. Also have to consider a possible civil suit by family members or business partners....