#124
by Matt Cavanaugh » Mon Aug 08, 2022 10:00 am
Service Dog wrote: ↑ I think it sez you can use deadly force to protect property... in your habitation or car... if a felony is being committed at the time.
It reads
... necessary self-defense, or in defense of an occupied habitation [against] any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
This is similar to CA law, where
PC 459 wrote:Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel,... floating home,... railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach,... any house car, ... inhabited camper, ... vehicle ... when the doors are locked, aircraft, ... or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
and
PC 198.5 wrote:Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
Ergo, if anyone is breaking into your house, car, tent, etc., there's an automatic presumption of imminent death or great bodily harm, so deadly force is justified.
I think Nguyen loses, however, as it was shoplifting, not forcible entry into an occupied dwelling, in which case
It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.
[quote="Service Dog" post_id=511826 time= user_id=907] I think it sez you can use deadly force to protect property... in your habitation or car... if a felony is being committed at the time.
[/quote]
It reads
[quote]... necessary self-defense, or in defense of an occupied habitation [against] any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another [highlight=yellow]for the purpose of assaulting or offering personal violence to any person[/highlight] dwelling or being therein.[/quote]
This is similar to CA law, where
[quote="PC 459"]Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel,... floating home,... railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach,... any house car, ... inhabited camper, ... vehicle ... when the doors are locked, aircraft, ... or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
[/quote]
and
[quote="PC 198.5"]Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
[/quote]
Ergo, if anyone is breaking into your house, car, tent, etc., there's an automatic presumption of imminent death or great bodily harm, so deadly force is justified.
I think Nguyen loses, however, as it was shoplifting, not forcible entry into an occupied dwelling, in which case
[quote]It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and [highlight=yellow]not in a spirit of revenge[/highlight].[/quote]