Redwood City, CA asked in Criminal Law for California

Q: If a person breaks into your yard or your house and has a weapon, can you defend yourself and to what point?

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info and every matter is case-specific.

if it was me I would match the intrusion with my own weapon.

if someone just comes on your property and does not threaten you I would probably try to scare them off as I called 911.

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Is this a hypothetical question or are you seeking validation for something you plan on doing?

Under the law, you can use reasonable force to defend yourself. If the intruder has a knife, stun gun or something like that, you have a firearm, he turns to flee and you gun him down you're potentially facing attempted murder (if he survives) or 2nd degree murder charges (if he dies) filed against you. California is not a "Stand your Ground" state.

Naturally, I, or any other criminal defense attorney who knows what they're doing, will argue that you acted in self defense. But, is it worth the emotional turmoil and expense (50K or more) defending against felony attempted or 2nd degree murder charges (or 1st degree murder if the DA finds out your post on this site which suggests premeditation) when the DA will have forensics experts testify that you shot the intruder in cold blood using excessive force?

Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: There is no black and white answer to this question. Use of force in self defense must be reasonable, that is, proportionate to the threat of imminent bodily injury or death.

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