Intruder Shot in Back = Murder? in CA

[9mmepiphany]

I haven't researched the numbers of cases, but I'll offer a couple of observations:

1. Usually when I read about a case of a person using a gun in self defense being wrongly charged by a local DA...it isn't in CA.

2. I live in a metropolitan city in CA and we've had numerous cases where homeowners have used guns in self-defense where I thought it was questionable...and DA gave them a pass

 

[Life During Wartime]

Thank you guys for your discussion and the proven twist rate findings that makes me feel much more at peace with that situation.

 

[NMPOPS]

"An intruder who runs away might be armed and therefore could be seen as an ongoing threat to the community--and has already demonstrated a willingness to kill."

In a self defense situation, especially in your home, it is not your job to decide is he is still a threat to the community. If he is running away, he is no longer a threat to you. That's all the courts will be concerned with, were you still in danger? NO

 

[Art Eatman]

NMPOPS, while your opinion is possibly the case in California, Texas law is quite specific as to assessment of ongoing threat to the community.

State laws vary. What holds true in one does not necessarily apply to others.

 

[Sav .250]

Not being a lawyer, my opinion is of little value!

 

[mgkdrgn]

Of course, depending upon the circumstances and the evidence, it could mean something else entirely.

And your having posted those words on a public forum could help establish that.

Not in this state.

An intruder in my home, while I am there, is assumed to be there to do me or my family grievous bodily harm and I may act accordingly.

 

[Kleanbore]

Posted by mgkdrgn: An intruder in my home, while I am there, is assumed to be there to do me or my family grievous bodily harm and I may act accordingly.

The word is presumed, and as in the case of all presumptions afforded under the law, that presumption is rebuttable.

Evidence that an intruder had been departing, or attempting to depart, would certainly render that presumption ineffective.

 

[Frank Ettin]

...Not in this state.

An intruder in my home, while I am there, is assumed to be there to do me or my family grievous bodily harm and I may act accordingly...

The operative word is "presumed." It's a legal term relating to evidence and proof; and presumptions are rebuttable, which means that one may lose the benefit of it under certain facts.

All of this is explained in this thread, this thread and this thread.

The law of South Carolina is not unique. It is similar to Castle Doctrine laws in many States -- including California.