If you have been involved in a fatal shooting, it is possible you may be charged with manslaughter, or even murder, related to the incident. But was the homicide justified? Is it ever legally acceptable to kill another human being? The fact is, under limited circumstances, such as while defending oneself, other people, or one’s home, lethal force may be legally permissible.
Is Retreat Required in the Face of Aggression?
California’s Stand Your Ground law is clear in stating that you have no obligation to retreat prior to using force if certain conditions are met:
- If you are not the one who initiated the aggression;
- If you are not trespassing;
- If you are not involved in illegal actions at the time.
Justifiable Homicide
There are certain situations when a person may claim that a homicide was justifiable and use this as a legal defense:
- The action taken was proportional to the violence threatened or performed by the offender;
- The action was required as part of your own self-defense;
- The action occurred as a defense of another person;
- The action entailed only the degree of force reasonably necessary to defend.
The Castle Doctrine
California’s Castle Doctrine allows you to defend your property with the degree of force you deem necessary, up to and including lethal force:
- If someone is trying to forcibly enter your home;
- If you have a reasonable belief someone is attempting to forcibly enter your home;
- If the intruder is not a member of your family or household.
Dealing With Trespassers
When attempting to evict a trespasser, you are allowed to use reasonable force if the trespasser refuses to leave after you make a request that they go, and if you reasonably believe they pose a threat to you, other occupants, or the property. Only then are you allowed to use reasonable force—only the amount necessary—to get the person to leave the premises.
Other Gun Laws Worth Knowing
Be aware that California law requires the secure storage of firearms, such as in a lockbox or safe. Additionally, concealed carry is not allowed in certain sensitive places such as hospitals, schools, and public gatherings. Handgun purchasers must be at least 21 years old and must undergo a background check (the background check is necessary for all firearm purchases).
Protecting Your Rights
If you’ve been involved in an action requiring the defense of yourself, your home, or other people, the experienced criminal defense attorneys at Boertje & Associates are determined to fight to ensure that your rights are protected. To discuss your situation, schedule a confidential consultation in our San Diego office today.