Another Home Invasion Question

[deb7566]

I am a single mom and I live in Los Angeles. I have 2 guns and I have trained extensively in how to use them. I had a situation where a guy was trying to break into my house in the middle of the night, even after I turned on the lights and told him to go away he continued trying to get in. I put my kids and myself in the bedroom and got my gun while calling the police. I was prepared to shoot him if he entered my bedroom. Fortunately, the police showed up before he got into my home and took him into custody. I found out later that he was only charged with tresspassing because it was determined that he had a mental illness. A few more minutes, he would have been in my home. What would have happened if I shot him? I am scared that he may come back and I am now not sure of my judgement.

[Patrick Aherne]

Sounds like you did everything correctly. Waiting in you room with your kids is a sound plan.

[tyrist]

If he had forcefully entered your home and you shot him you should be alright legally. You handled the situation appropriately.

[J-cat]

PC 198.5

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.

[deb7566]

So I would have been legally ok to shoot him even if after the fact they found out that he was mentally ill and incompetent?

[J-cat]

Whether or not he is mentally challenged is not relevant to the issue whether or not you can shoot. What is relevant is that he is not a resident of your home and that he was breaking in. The above statute allows you to shoot, if you want.

[J-cat]

I once conversed with a person who intimidated a homeowner while at his doorstep. The homeowner shot him twice for fear he was about to overpower him to gain entry into his residence. The future home invader was charged with attempted residential burglary and convicted. The home owner was not charged.

[nick]

Just make sure you don't shoot him while he's still outside of your house. I believe, in this state he has to break in first. You handled it well.

[luckystrike]

right. this isnt texas. a friend of mine whos a sheriff said to me I would have to pretty much barracade myself in a room before any shots were fired.

[AJAX22]

right. this isnt texas. a friend of mine whos a sheriff said to me I would have to pretty much barracade myself in a room before any shots were fired.

NOT true, in CA there is no 'duty to retreat'

(please correct me if I am wrong)

[mecam]

I thought you can only shoot if he showed imminent threat. What if he was just standing in your hallway staring at you and unarmed?

[retired]

There is no duty to retreat in Ca. The following is taken from the Office of the Atty. Gen. and concerns firearm laws in this state. This is from page 27 of the booklet.

One is not bound to retreat, even though a retreat might safely be made

[oddjob]

ya did good...........better than most...........

[fresnohunter]

I would have dialed the cops a little slower.

[paladin4415]

I would have dialed the cops a little slower.

If you think shooting someone inside your home, and in front of your children is a good thing, then you haven't done it yet.