Sacramento, CA asked in Car Accidents for California

Q: Hi my question is. I have a Trump flag on my car say someone rips it off what are my options? Could I defend myself?

Say I have a concealed carry permit. Can I defend myself?

Related Topics:
3 Lawyer Answers
Robert Dourian
Robert Dourian
Answered
  • Personal Injury Lawyer
  • Pasadena, CA
  • Licensed in California

A: You could vote for Biden.

Maurice Mandel II agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: No, you cannot use lethal force to defend your Trump flag. You, personally, have not been attacked and your life was not in danger. Section 505 of California’s Criminal Jury Instructions gives the elements of a self-defense claim: defendant will be considered to have acted in self-defense, and therefore will not be guilty of a violent crime, if they can prove:

They reasonably believed that they (or someone else) was in imminent danger of being harmed;

They reasonably believed that the imminent use or force was necessary to defend against that danger; and

They only used the amount of force that was reasonably necessary to defend against that danger.

Just get another flag. Get a bunch. They will probably get stolen, so you will need spares.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: It concerns me that you would even think that a concealed weapon could be possibly appropriately used in this situation. I thought you had to have classes to have a CCW, about deadly force. NO, you cannot shoot someone for stealing or destroying your political flag. You cannot beat them up either. No Knives. No Clubs, No Fists. No kicks. This is neither Dodge City nor Tombstone in the 1800's nor is it Downtown Warsaw in 1934. Deadly force is only a defense to unlawful deadly force. You are on a par with the Muslim Extremist that beheaded a French school teacher for having a differing view, did you think of that?

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.