Legal Question in Criminal Law in California

ok so say you find a wallet, return to the owner hoping for a reward, you don't get one so you break in to the persons garage hoping to find something worth while, you find a chainsaw and the person catches you in his garage. He has a pistol in his hand, aimed at you and you throw a chainsaw that you were going to take, at him, he ducked and fell to the ground discharging the pistol and it kills a neighbor. What am I guilty of?? Larceny, burglary, Assault, anything else?? My defense would be self defense to assault? Any other defenses?


Asked on 6/19/12, 1:05 pm

5 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Try Felony Burglary, Felony ADW, and the Felony Murder Rule. You have no valid defenses that are likely to work.

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Answered on 6/19/12, 1:27 pm
Joe Dane Law Office of Joe Dane

Under those facts, you could very well face murder under the felony murder rule.

If, during the commission of an inherently dangerous felony (such a burglary), a person is killed, the perpetrator of the underlying offense could be prosecuted for that killing under an implied malice theory.

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Answered on 6/19/12, 1:29 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

no defense to trying to get someone else to write your essay for you.

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Answered on 6/19/12, 11:18 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

When you take the Bar Exam you won't have a panel of lawyers to consult.

do your own work.

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Answered on 6/20/12, 7:59 pm


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