Legal Question in Criminal Law in California

Re: shooting someone

This can be a complicated question with a lenghty answer that is not appropriate for a brief reply such as on Lawguru. It depends on the facts and circumstances of the intrusion, whether the intruder is armed, if you used reasonable force or unreasonable force as well as a host of other factors. You should either read up on california self-defense laws or consult with an attorney.

Re: shooting someone

The answer will depend upon exactly what happens. Not all break-ins are alike. Deadly force is allowed under some circumstances but not others, and many break-ins will fall into the latter category.

Re: shooting someone

In anti-gun states like California, unlike states with 'Castle Doctrines' in place, you had better be able to reasonably prove justifiable self defense and appropriate force in response to a threat. Otherwise you could face criminal prosecution. This is a huge problem area of law for innocent victims, with no easy answer. If you ever actually find yourself in such position, use your head, don't panic, don't talk to police with your lawyer, and feel free to contact me immediately for legal help.

Re: shooting someone

As long as you can handle the risk of a UD action (and potential eviction upon losing) if you only pay what you believe... then the previous answer is one approach.

If,however,the risk of losing in UD and potential eviction is not apealing (as often the case), then one can pay the entire rent demanded avoiding a UD action thereby, and file an action against the landlord for the disputed amount at a later date.

Re: shooting someone

Pls disregard prior response which was to a different question.