Using Deadly force in California.

[BillCA]

Librarian posted the relevant PC code sections regarding homicide and justifiable homicide. You can do your own research at : http://www.leginfo.ca.gov/calaw.html
(The search engine is like a gov't employee... it ain't too bright.)

California law allows a person to exert the amount of force that is reasonable and necessary to capture a felon and/or hold him for police. Keep in mind, every felon is going to claim that he "gave up" or surrendered just before you wailed the bejesus out of him. The DA and the court system will adjudicate whether the force you applied was "reasonable and necessary".

It's not prudent to chase after a felon because there are too many variables against you. He could be armed, he might have friends he's leading you towards, he might have diseases you don't want. I might chase him a few dozen yards and stop. If he thinks the resident is the type who'll chase after him he's unlikely to be anxious to return.

An intruder in my home at O-dark-thirty who's silhouette doesn't look like a fireman, who doesn't comply with my orders, who advances instead of retreats had best have his own medical insurance to cover his hospitalization.

[n6nvr]

No need to chest beat or pose scenarios, learn the law.

The Richardson Laws give you a prima facie case for using deadly force in your house. If he/she is in there, the laws says by definition you can legally use deadly force because you are presumed to be in sufficient fear to use deadly force.

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.

[heycorey]

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 think it depends entirely on what part of the state your house is located; that is, your idea of justified and the local DA's idea of justified may be located in two separate ideological time zones.

[lakai]

You should watch the movie FELON. It'll make you think twice about chasing someone that broke into your home in the middle of the night.

[Army]

Regardless of the initial outcome, never....NEVER....alter the original crime scene.

Should you "drag the body inside"...you will go to jail for a long time for manslaughter, or murder. Moving the body is the same as lying. Forensics will easily and quickly know you did.

"Put a gun or knife in his hand" will also get you a manslaughter, or murder conviction. Forensics will easily and quickly prove you lied.

Giving first aid to the, now, shot up suspect may also result in a premeditated charge. Forensics, or qualified medical personnel, will know the results of body movement in the application of first aid needs. Rolling the bad guy over to plug his newly leaking holes (or moving him from the confines of the doorway), could also go in your favor when the prosecution has no answer to the medical examination of the evidence, that you did all you could to not only stop a crime in process, but rendered aid in the aftermath of your justifiable actions.....

....just don't bet on it.

[Sutcliffe]

The district attorney will decide what to do with you

If he's up for re-election and he's pandering to a certain demographic you might be used to further his political career. Sad if you think about it.

[Japsican]

"FELON"

You should watch the movie FELON. It'll make you think twice about chasing someone that broke into your home in the middle of the night.

I just watched that movie yesterday. Pretty good movie...the main character had some really crappy luck. It definitely makes you think twice...

[BillCA]

Regardless of the initial outcome, never....NEVER....alter the original crime scene.

Should you "drag the body inside"...you will go to jail for a long time for manslaughter, or murder. Moving the body is the same as lying. Forensics will easily and quickly know you did.

"Put a gun or knife in his hand" will also get you a manslaughter, or murder conviction. Forensics will easily and quickly prove you lied.

Good advice. Ignore those ignorant fools who advise dragging the body inside, adding a weapon or otherwise altering the crime scene. Those actions will get you prosecuted very quickly.

Current advise is not to provide first-aid to your attacker for several reasons. First is it puts you in close proximity to someone who might still do you harm, get to your weapon and use it on you, your family or arriving police. Second, he may have Hepatitis or HIV which requires careful handling and clean up.

In the event you do "alter" the scene for tactical or security reasons, advise the PD of it. For example, once the intruder was down, if you kicked his weapon under the couch, the PD should be told where to look for it, rather than having to confront you with it and ask for an explanation. Likewise if the perp fell with an arm in hot coal-bed of your fireplace and you dragged him away a few feet, let the cops know.

[Glock30]

Sighhh, I miss Texas. If someone is in your yard you're justified.

[truthseeker]

Since asking this question, I have really thought about it. Although I would NOT hesitate to "defend myself and family" if someone entered my house un-announced, it sucks that in all likelihood they would be killed.

I am sitting here thinking about a guy laying on my floor dead or dying, bleeding on my carpet with myself, my wife and my 2 children (ages 2 and 4) having to "deal with the clean-up" (blood on walls, carpet, etc...) let alone having to try to keep the kids from seeing something as traumatizing as seeing a dead person in the middle of the living room right after the event occurred.

Why are thieves dumb enough to even enter into someone’s house knowing that they "really are" risking their life for material possessions (Not worth it in my opinion)?

[glockman19]

As long as you didn't shoot him in the back It's Justified IMHO

[bodyarmorguy27]

As long as you didn't shoot him in the back It's Justified IMHO

That is often a fallacy in uses of deadly force. It is something that gets played up on TV or the news a lot. If a suspect is armed, he can still point his gun at you, while his back is to you. And very effectively, may I add. They can do this while running, and your only target is his back.

Also it would be good to read up on reaction times. If you decided in your mind at that moment to shoot the guy in your house (unarmed or not), and start pulling the trigger. The suspect can now have turned his back to you. By the time you see this and realize it, it's too late. The bullet is already going downrange. Or as your pumping him full of lead and he's falling, he's exposing his back to you. And you're not shooting to kill, you are shooting to stop the threat. Stopping his assault.

[jamesob]

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.

he would not be prosicuted at all. can a person kill another with their bare hands? hell yes they can. all one has to say is they were in fear of their life or the familys life. i quit l.e last march and i know that no person would be charge in this case. the key words " i was in fear of my life , he charged at me and i was afraid he would over power me and take my weapon. so i shot him in self defense". no charges. and nothing wrong with shooting in the back. lets say he was running away from you towards your kids room? would you shoot him in the back?

[trinydex]

Why it gotta be black?

black is slimming

[duenor]

Hm. Here's an interesting thought.
Put decorative weapons all throughout your house. That way, anyone in your house always poses a lethal threat since they could always be reaching for a weapon.

a silly idea, i know, but meant to be satirical on the nature of the law.