It`s worth noting at this point that while this is similar to the stand-your-ground laws that have become popular in many states across the country, there are several important differences. The right to use force to protect oneself is not unique to the State of California. As in many other states, if you can demonstrate that you acted to defend yourself or someone else, that you perceived harm or danger, and that your response was appropriate, you have good reason to claim self-defense. The Castle Doctrine Act also covers you if you are forced to use lethal force to protect yourself from a life-threatening intruder in your vehicle, workplace or business. Stand-Your-Ground allows you to use lethal force if you believe you are in danger wherever you are legally allowed, as long as you are involved in legal activity. You should not discuss your case with law enforcement officers, other inmates, or your visitors (other than your lawyer). A qualified criminal defense attorney can investigate and question you, and then decide how to present the evidence in the way that is most favorable to your defense. If you are detained, it may take some time for your lawyer to help you secure your release. Let`s take the following example: an armed thief breaks into your house and points his gun at you. You take out your gun and shoot him before he can shoot and kill you. In this situation, you would not be convicted of murder because you reasonably believe that you are in imminent danger and that you have responded responsibly with lethal force. Self-defense is a legal strategy that claims that a defendant has acted in a manner consistent with protecting himself, another person, or his or her property from an attempted injury by another.
California jury orders allow defendants to use self-defense to justify their actions when charged with certain violent offenses in a criminal case. If the evidence proves self-defence, a jury could acquit an accused because it believes his actions were justified in the circumstances. Note that a police officer who needs to enter your home as part of their job will legally enter your home. This situation is not the same as an intruder pushing himself into your home to steal your belongings or cause harm to you and your family. Therefore, shooting the police officer would not be considered self-defence. So far, so good, but it turns out that the intruder was the college student who lives on the street in the same model house who got drunk on a Saturday night and couldn`t find his keys, so he broke the window next to your front door to get in and turn the latch to get into that, what he thought was the right home. He then realized what he had done, so he lowered one of his hands to reach for his wallet and whispered something like, “I`m sorry, I`m going to pay for a new window,” but you thought he was looking for a gun and you were shooting a deadly bullet in his back. The situation could get worse.
What if you had several drinks in the privacy of your own home before going to bed? You were over 21 years old and had the right to drink at home, but against your lawyer`s objection, the judge allows an investigator to testify that you had a strong smell of alcohol in your breath, red eyes injected with blood, slurred speech, etc. The fact is, while the California House Protection Bill of Rights is potentially very helpful if you shoot an intruder in your home, it`s not an iron “stay out of jail” guarantee. At some point, you may have consulted a rifle buying guide or simply thought about owning a gun. Have you ever wondered whether it would be legal to use it for self-defence, and under what circumstances? California has a law that says you have the right to defend your home while you`re at it and protect residents from intruders. The state considers it justified to use lethal force in most of these cases, but only if you can determine that the intruder posed a threat. For example, finding a stranger in your home isn`t a threat, but if they shoot a gun, that`s it. Of course, you will have to legally own any firearm you would use in such a case and have a transportation permit if you were to carry it outside your home on your person. Also keep in mind that a jury charged with the House Protection Bill of Rights could still convict you in the following situation: After waking up at 3 a.m. to the sound of broken glass, you come down armed and confront the intruder who, after seeing the gun in your hand, turns around to look at the wall and raises his hands. A danger is considered immediate if there is an immediate or present threat.
This is when a threat occurs right in front of someone. Imminent danger cannot refer to something that may or may not happen in the future.2 People refer to this law as the teaching of the castle, where the castle is your home. Lawyers invoke the Castle Doctrine when dealing with cases where someone shoots and kills an intruder because they believe the intruder is there to harm them. The same goes if you are in your own home. In California, this is often referred to as the “castle doctrine.” The Castle Doctrine, as described in California Penal Code 198.5, states that you do not have to withdraw or leave your home if someone breaks in, and you can use lethal force if necessary to protect yourself or someone else. The only time you shoot someone who gets into your car is likely to be that a solid defense of your actions will be proven when the vehicle is occupied. If you are in the car at the time of the attempted burglary, you might feel like your life is in danger. In this case, the use of lethal force, including shooting at the potential car thief, is likely to be considered reasonable self-defence.