Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: umgud
“In CA he would have had to prove there was a there was a threat of death or great bodily harm. Kicking in your door isn't always enough.”

Maybe not by itself but it goes a long way.

http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s197

CAL. PEN. CODE § 197 : California Code - Section 197
Homicide is also justifiable when committed by any person in any of the following cases:

1.When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,

2.When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,

3.When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,

4.When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

11 posted on 06/14/2012 5:38:48 AM PDT by Polynikes (Hakkaa Palle)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: Polynikes

Thanks for posting this.

#1 and #3 are critical along with, “When he/she/it broke into my home, the last thing I remember was he/she/it saying they were going to kill my family and me!”


31 posted on 06/15/2012 2:10:43 PM PDT by Grampa Dave (ILLEGAL IMMIGRATION IS DESTROYING AMERICA-LOOK AT WHAT IT DID TO THE WHITE HOUSE!)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson