I am a martial artist and I was wondering under what situations and conditions I would be able to use deadly force. I understand that my life must be in danger but I want to know pacifically. If a lawyer, cop or someone with some knowledge can help me out that would be great.
2006-07-15 18:01:49 · 4 answers · asked by bigboywasim 2 in Politics & Government ➔ Law Enforcement & Police
Agreeing with mikeysco.
Not agreeing with Black Sabbath at all. In CA, having someone break into your house is enough legal basis to use deadly force on them.
CA Penal Code 198.5:
Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.
2006-07-16 09:06:16 · answer #1 · answered by gunsandammoatwork 6 · 0⤊ 0⤋
Under the law, the amount of force you use to defend yourself has to be very similar to the force the assailant was using on YOU or your FAMILY; this does not include property. Deadly force is only authorized if you have reasonable belief that the assailant was trying to kill you. For example: A burglar breaks into your house and you find him just as he is about to walk out the front door with your TV. You cannot attack him, as he is not only unarmed and has both hands occupied, but he is also facing away from you. If you attack him in this situation, he can claim that you assaulted him and sadly, you will be arrested.
It's sad but true, in California, the law gives an obscene amount of protection to criminals and pretty much screws the victims.
2006-07-15 19:02:33 · answer #2 · answered by Jesus S 3 · 0⤊ 0⤋
The thing to remember on a self-Defense it will be your legal burden to demonstrate the Self-Defense was justified under state statute, not state not an easy burden to meet, plus a person with a skill such as martial arts can be held to a higher slandered then normal Joe
2006-07-16 01:41:06 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
In your home/business/auto you have the duty to retreat unless directly threatened I believe. Most other moderately intelligent states give you the right to shoot and kill assailants who threaten your life without the duty to retreat, but in CA, the law favors the criminal, not the victim.
2006-07-15 18:07:14 · answer #4 · answered by Black Sabbath 6 · 0⤊ 0⤋