imported post
CA_Libertarian wrote:
Streetbikerr6 wrote:
CA_Libertarian wrote:
Streetbikerr6 wrote:
...Here in Kali you have to explain why you felt it was necessary to shoot the man coming at you with a knife in the dark when you could have ran out your back door instead, and you will still most likely be thrown in prison...
... a man walks in your house with a knife. Your near the kitchen about 20 yards awaywith a patio door 2 feet next to you wide open for you to run out of, instead you shoot the man dead. Your going to be charged in California. In Texas, different story.
Being
charged is not the same as being
"thrown in jail", IMO. And while certain DAs in CA are certainly very anti-gun, that is the only factor in being charged, not CA law. I doubt very much that a person in your scenario would be convicted (assuming said person is otherwise on the up-and-up).
Your original assertion implied that CA law requires you to retreat while in your home. I simply don't see any reason to believe that's true.
Hopefully none of us will ever have to find out, but anybody breaks into your house and threatens you with a knife, I hope you don't hesitate to stop the threat. I know I wouldn't.
Charged and convicted only because there was no immediate danger. In California, I am still not quite sure if we have an obligation to retreat our homes, unlike Texas where you never have to retreat. Here in Cali one must be in
immediate danger. Meaning if a man 30 feet away is coming at you or anotherwith a knife, you are not in immediate danger. If he is in stabbing range and is motioning a stab then you may shoot to stop him, not shoot to kill. Now if the only way of stopping him was to kill him then your fine.If he has agun and he has forcibly entered your house, then it is really up to the court to see if he was an immediate threat, even if the gun wasnt pointed at you.Though as I said earlier I wish this were texas, I want to know this person in my house will never bother me again, even if I have to shoot him in the back, but thats not the law here :cuss:
1Judicial Council Of California Criminal Jury Instruction 505 -- Justifiable Homicide: Self-Defense or Defense of Another. ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name or description of third party<) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ <insert other forcible and atrocious crime<)]; [2] The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")
See also Judicial Council Of California Criminal Jury Instruction 3470 -- Right to Self-Defense or Defense of Another (Non-Homicide). ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name of third party<) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully]; [2] The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")
Here is a Texas story...a neighbor ran after 2 men that had just burglarizing his neighbors house, he shot both in the back and was let off the hook. His 911 call is even on youtube, its pretty insane.
http://www.abcnews.go.com/Nightline/story?id=4272882&page=1#
Now to PT111, of course there will alwaysbe an investigation, no matter how brief, I never said there would not be. Though that does not necessarilymean anyone will be arrested. In one story I read a year ago, a Texas man shot aburglar climbing through his business window at night. The Sheriff was quoted saying something a long the lines of "he saw the burglar and shot him dead, that is his right as a business owner here in Texas, good job". I'm still trying to find the story, but what a badass sheriff!!!!
