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Can I lawfully shoot anyone who comes into my home? |
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Written by Administrator
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Monday, 29 November 1999 16:00 |
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Section 198.5 of the Penal Code creates a legal presumption that you acted out of a fear for your life and that the use of lethal or great force was justifiable only under the following conditions: The intruder (one who is not a family member or otherwise lawful resident) illegally and forcibly entered the premises for an unlawful purpose, i.e. burglary, robbery, assault, rape, etc., and the intruder presents a threat to life or of great bodily injury. Remember, however, that the presumption can be overcome. It merely makes a prosecutor's job more difficult. California law does not allow the use of deadly force to defend property. |
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Last Updated ( Monday, 16 February 2009 13:55 )
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