View Full Version : self defense
WeedWorm
10-03-2005, 02:40 AM
can someone find the self defense laws in california? like if someone goes on your property, when its legalally ok to shoot him, all that shit
kimchibanana
10-03-2005, 02:55 AM
i hope so
nickx760
10-03-2005, 03:28 AM
that would be trespassing not self defense
kimchibanana
10-03-2005, 03:30 AM
so he is still getting shot
endo..jay
10-03-2005, 03:30 AM
A person may defend his or her home against anyone who attempts to enter in a violent manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable person in the same or similar circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might safely be made. One may resist force with force, increasing it in proportion to the intruderâ??s persistence and violence, if the circumstances apparent to the occupant would cause a reasonable person in the same or similar situation to fear for his or her safety.
The occupant may use a firearm when resisting the intruderâ??s attempt to commit a forcible and life-threatening crime against anyone in the home provided that a reasonable person in the same or similar situation would believe that (a) the intruder intends to commit a forcible and life-threatening crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary to save himself or herself or another from death or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.
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 had occurred. Great bodily injury means a significant or substantial physical injury. (Penal Code § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide.
The lawful occupant of real property has the right to request a trespasser to leave the premises. If the trespasser does not do so within a reasonable time, the occupant may use force to eject the trespasser.
The amount of force that may be used to eject a trespasser is limited to that which a reasonable person would believe to be necessary under the same or similar circumstances
The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used.
The right of self-defense is not initially available to a person who assaults another. However, if such person attempts to stop further combat and clearly informs the adversary of his or her desire for peace but the opponent nevertheless continues the fight, the right of self-defense returns and is the same as the right of any other person being assaulted.
johnny cottonmouth
10-03-2005, 03:33 AM
was anyone else to high to finish reading all of that?
endo..jay
10-03-2005, 03:35 AM
yep lol
Ganja Cat
10-03-2005, 03:36 AM
was anyone else to high to finish reading all of that?
yep
nickx760
10-03-2005, 04:00 AM
nope, im too lazy to read it though
johnny cottonmouth
10-03-2005, 04:20 AM
lazy. stoned. same diff.
WeedWorm
10-03-2005, 04:59 AM
i read the entire thing, and thank you ;)
erceg
10-03-2005, 05:06 AM
can someone find the self defense laws in california? like if someone goes on your property, when its legalally ok to shoot him, all that shitdont even think about it
WeedWorm
10-03-2005, 09:17 AM
dont even think about it
HAHA, i forgot you live in cali, i can jus imagine someone trying to rip your bud :X
somebody someone
10-03-2005, 10:43 AM
to lazy to START reading it.
yeah there was a discussion of this before
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