Legal Question in Criminal Law in California

entering an occupied home

If my wife and i are at home and someone breaks into my house do I have a legal right to protect me and my wife


Asked on 2/28/09, 3:49 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: entering an occupied home

Yes, under CA law you may use 'reasonable force' necessary in defense of yourself and family in your house if threatened with harm. That does not necessarily mean you should kill with a firearm, but the facts and circumstances determine your decision, which decision will obviously be reviewed by police and prosecutors to see if you were 'justified' in the actions you took. If the intruder is armed, threatening you, and refusing to run when confronted, your decision to use deadly force is certainly more justified. If you are ever forced do this, you should then call 911 to report 'a shooting' - nothing more, no details and description, then exercise your 5th Amendment right to SHUT UP, and let your attorney speak for you to police and investigators. Call your attorney right after 911. If you have a firearm, and propose using it for self defense in this kind of situation, you should really take training on firearm use, and on the law and issues that its that raises. The NRA and other organizations have such training, check into it.

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Answered on 3/02/09, 2:09 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: entering an occupied home

Yes, but you may not use deadly force unless it reasonably appears that lesser force won't work. In other words, you do not have carte blanche to do whatever you want to the intruder.

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Answered on 2/28/09, 5:26 pm


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