Home defense

[Im4Glock]

I have recently heard through conversation that a criminal that breaks into my house has the same rights to my property and that defending my house and my life is illegal unless there is no way for me to escape regardless of whether he/she has any type of weapon. Granted this sounds ridiculuous, but after hearing that Sheriff Pazin has been the topic of some people in my town arising from ccw permits and the lack of allowing very many, my question is am I hearing it correctly or does the right to defend my life should an intruder enter my home still legally allowed in Kalifornia?

[cmoore]

When threatened in your home, engage the threat. You need not retreat or recoil in fear, engage the threat. You need not announce your presence or give a warning in advance, engage the threat.

You have the right to defend yourself and your loved ones. Don't let state bureaucrats scare you and intimidate you.

Best regards...

[biochembruin]

Justifiable homicide defined: http://law.onecle.com/california/penal/197.html

[HarrisonS004]

NON LEO;
Not OP, but kind of going off what he said. I understand that this is justifiable in a criminal court, but what if the family of said burglar decided to sue you. I have heard that if you don't retreat and end up killing the suspect without first trying to flee or call 911 it would be easy for someone to win a civil suit against you.

[biochembruin]

Civil issues are a whole other can of worms. First, fight the tactical battle, then the criminal battle, then any civil battle. Rest assured, if you win the tactical battle, but get a criminal judgment against you, you'll be hammered in civil court. There are ways to win a civil suit, but that's the last of the issues on my mind in a tactical situation. If you win any criminal proceedings, particularly if it is decided there should be no criminal charges brought against you, that will go a long way toward winning in civil court.

[Bobby Ricigliano]

I have recently heard through conversation that a criminal that breaks into my house has the same rights to my property and that defending my house and my life is illegal unless there is no way for me to escape regardless of whether he/she has any type of weapon. Granted this sounds ridiculuous, but after hearing that Sheriff Pazin has been the topic of some people in my town arising from ccw permits and the lack of allowing very many, my question is am I hearing it correctly or does the right to defend my life should an intruder enter my home still legally allowed in Kalifornia?

That is a lot of FUD. Please read up on 198.5 of the California penal code. Civil liability is another matter altogether but having good legal standing criminally will surely aid you in any subsequent civil litigation as well.

[oddjob]

A LEO co-worker shot an intruder in his house who was trying to sexually assault his daughter (about 10yrs old). Criminally the co-worker was cleared and no problem.

Civil courts was a different ball game. His home owners insurance would not cover him because he shot the suspect "on purpose." If the shooting was an accident he would have been covered.

Bottom line: He used department ammunition and so the department covered him. The department PAID out a lower 5 figure chunk of change. Very ugly to blast anyone.

[Falconis]

A LEO co-worker shot an intruder in his house who was trying to sexually assault his daughter (about 10yrs old). Criminally the co-worker was cleared and no problem.

Civil courts was a different ball game. His home owners insurance would not cover him because he shot the suspect "on purpose." If the shooting was an accident he would have been covered.

Bottom line: He used department ammunition and so the department covered him. The department PAID out a lower 5 figure chunk of change. Very ugly to blast anyone.

Got a news article for that one? That just pisses me off that any ******* leech of society would get paid under any circumstances like that.

[TrailerparkTrash]

Getting sued vs. getting killed in your own home? Wheres the big debate? Kill the SOB if hes in your house. Any reasonable person would definately be in fear of his/her life if an invader was inside one's own home.

There is also something known as the "Castle doctrine" that has been affirmed by dozens or courts, appellate courts and the supreme court.

Onw can be sued for anything. When defending yourself and your family, the last thing on your mind should be the worry of getting sued.

[oddjob]

The shooting was about 25 years ago. He was HOT over the lack of coverage by his insurance company. A deliberate act was not covered, but an accidental act was covered. I have no news article, but it did happen.

Trailer....I fully understand what your saying, but check with your insurance company. See what they say.

[Bobby Ricigliano]

Since internet postings may be discoverable in court at a later date, I'd like to say emphatically that I would make any and all reasonable efforts to detain a violent intruder in my home without using deadly force.

Such deadly force would of course be a last resort and reserved for only the most compelling of circumstances because I respect the sanctity of the violent intruder's life as much as my own.

[Ziggy91]

Getting sued vs. getting killed in your own home? Wheres the big debate? Kill the SOB if hes in your house. Any reasonable person would definately be in fear of his/her life if an invader was inside one's own home.

There is also something known as the "Castle doctrine" that has been affirmed by dozens or courts, appellate courts and the supreme court.

Onw can be sued for anything. When defending yourself and your family, the last thing on your mind should be the worry of getting sued.

I agree with this... I'd be in fear of my life if someone kicked down the door. When someone's in your house uninvited and willing to use violence to get what they want idc about the courts or government, they're getting hit center mass with w/e I can get my hands on.

On a more stupid/ignorant note... Someone can't sue you if they're dead. Sure the family can file something, but what kind of defense are you going to run when your son or w/e broke into my house and threatened me with a weapon? Trust me, no one's justified when they break and enter, that s*** is illegal, period.

[SwissFluCase]

A LEO co-worker shot an intruder in his house who was trying to sexually assault his daughter (about 10yrs old). Criminally the co-worker was cleared and no problem.

Civil courts was a different ball game. His home owners insurance would not cover him because he shot the suspect "on purpose." If the shooting was an accident he would have been covered.

Bottom line: He used department ammunition and so the department covered him. The department PAID out a lower 5 figure chunk of change. Very ugly to blast anyone.

It would seem to me that the civil suits can go both ways. I would most definitely sue an assailant after the fact. After all, they are intentionally causing me emotional distress.

Just sayin'...

Regards,


SwissFluCase (not a cop)