Legal Question in Criminal Law in California
If you shoot and kill an intruder in your own home in California, I understand it's up to the discretion of a jury to determine whether reasonable force was used. With that said, could I protect myself if I had a well-lit plaque posted in multiple languages at all possible entryways stating something like: "By forcibly and/or non-forcibly entering this home without permission from the occupants, you acknowledge your sole intent is to cause great bodily harm and/or death to any and all occupants with a weapon possessed on your person or anticipated to obtain upon entry ranging from any blunt object to a firearm..."
Thanks!
6 Answers from Attorneys
Assuming the intruder read the signs and still entered your home without permission/ or by force, and assuming the person could read Englishn it sounds like you put someone on notice. Other factors would be time of incident...ie, day or night. What kind of an area do you live in...ie, urban or rural. Also how did the shooting occur ?...was it 1 shot or 5 ? Did the intruder turn out to be a burglar or was he the Fed-ex man ? Criminal law, is not as simple as your question suggests. A prosecutor could try to turn those signs into premeditation, if the intruder is someone you know and that person may have thought they had permission to enter due to your relationship. Better policy is to shoot only as a last resort and use other means first to disuade any intruder from coming on your property. The last thing is tell me where you live so I NEVER go there :):). Best wishes... David Wallin
The jury isn't going to care whether or not your legal disclaimer was read or understood by the dead guy.
No. You are never authorized to use deadly force to protect property in California. You or your loved ones must be in actual life threatening danger to use deadly force.
Rethink your position.
If you post a sign like that and then shoot someone, I assure you the DA will be delighted to prosecute you for murder or manslaughter, with the sign as proof of your intent to kill the first 'bad guy' you can get in your gun sights. Feel free to contact me for your legal defense if you put yourself into that situation, and remember to exercise your 5th Amendment right to SHUT UP and say nothing to anyone but your attorney during police questioning and arrest.
At most, you could post a standard warning sticker that the 'premises are protected by security' type general language, with NO reference to guns. Most people in fear of break-in make the house secure and alarmed.
Read Mr. Roach's comment again, and take it to heart.
Meaning you no insult, it appears you have never had any legitimate defensive firearms training. If you had, you would have been taught the basic rules on your rights of self defense, and the legal consequences of exercising them, in addition to safe and effective gun handling, storage and tactics. I suggest you do so before taking any further action with guns. Feel free to contact me for suggestions for that training.
Related Questions & Answers
-
Kind of got caught stealing from CVS? First I want to say that I will never, ever... Asked 3/06/12, 12:34 am in United States California Criminal Law