Legal Question in Criminal Law in California

Re: self defense

Sure, anything is possible. You'll find the actual answer to that when the jury hands in their verdict, based on all the evidence and law.

Re: self defense

Self-defense could possibly work here because you could argue that you acted reasonably under the circumstances, i.e., you had reasonable apprehension of imminent threat and harm. For example, the attacker/intruder could have been reaching for a weapon while having his back turned. There is no categorical rule which says you could never shoot anyone in the back in legitimate self-defense. However, generally, you will have a much harder time proving self-defense than in situations when someone is facing and charging you. Also, the force applied has to be proportional to the threat so when you apply deadly force you must show the threat was serious and real (or you reasonably believed it was serious and real).

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com