Legal Question in Criminal Law in California

My question is if a intruder breaks into my house and I hit him with a bat several times in fear of my life and I called the police once he is disable Would I be arrested and prosecuted. Sandra T my email in [email protected]


Asked on 7/14/12, 12:10 am

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

It sounds pretty unlikely you would be prosecuted ... although I suppose it is theoretically possible depending on facts and injuries. I would talk face-to-face with some local criminal defense attorneys to put your mind more at ease. Good luck!

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Answered on 7/14/12, 6:58 am
Edward Hoffman Law Offices of Edward A. Hoffman

When confronting an intruder in your home you are allowed to use as much force as is reasonable under the circumstances. You will likely get the benefit of the doubt if the reasonableness of your actions isn't clear. But I can think of scenarios where the acts you describe would not be reasonable -- for example, if the intruder surrenders, turns to flee, etc.

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Answered on 7/15/12, 4:38 pm


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