Tweet

Advertisments:

Need help with... California Law of Shooting your Private Property?

  
Tweet

Need help with... California Law of Shooting your Private Property?

Postby macquaid35 » Sat Dec 17, 2011 9:48 pm

Hello everyone:
I have a question from whom are into these detailed laws out there...
If I am an alone woman in the house and in the midnight someone crashes into my private property and I feel his or her existance is threatening my life AM I ALLOWED BY LAW TO SHOOT AT HIM OR HER?!
macquaid35
 
Posts: 0
Joined: Sat Apr 02, 2011 2:02 am
Top

Need help with... California Law of Shooting your Private Property?

Postby shadrach » Sat Dec 17, 2011 9:53 pm

Hello everyone:
I have a question from whom are into these detailed laws out there...
If I am an alone woman in the house and in the midnight someone crashes into my private property and I feel his or her existance is threatening my life AM I ALLOWED BY LAW TO SHOOT AT HIM OR HER?!
Crashes as in a vehicle? no ...
shadrach
 
Posts: 0
Joined: Fri Apr 01, 2011 2:18 am
Top

Need help with... California Law of Shooting your Private Property?

Postby garret » Sat Dec 17, 2011 9:54 pm

If you personally, honestly believe that your life is in danger and if a reasonable person in your same situation would likewise feel that their life was threatened, then you have the right so use deadly force, including a firearm, to protect yourself.
garret
 
Posts: 0
Joined: Sat Apr 02, 2011 2:39 pm
Top

Need help with... California Law of Shooting your Private Property?

Postby artek57 » Sat Dec 17, 2011 10:05 pm

You seem to want a yes or no answer that would be correct regardless of all possible variations. It does not work that way. At best, someone could tell you how a jury would be instructed on the law of self defense. The jury will then consider all the evidence and apply it to that law.
To give an example of variations on your story, add to the story the scenario whereby you and that man had a conversation 30 minutes earlier in which you relayed a rape-style fantasy and invited the man over. That changes it. Or make the man 12 years old. Or make the man in a ski-mask and waving a machete. Each additional fact will alter the application of the facts to the law. If you want to know about jury instructions on the subject of self-defense, in the context of the use of deadly force, then ask that.
artek57
 
Posts: 0
Joined: Fri Apr 01, 2011 3:38 pm
Top

Need help with... California Law of Shooting your Private Property?

Postby modraed » Sat Dec 17, 2011 10:09 pm

California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197.

But note that it's still considered homicide.
modraed
 
Posts: 0
Joined: Fri Apr 01, 2011 7:57 pm
Top


Return to Property Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 0 guests