Justifiable homicide - 3 times deadly force is legal in California скачать в хорошем качестве

Justifiable homicide - 3 times deadly force is legal in California

Criminal defense lawyer Neil Shouse explains the legal defense of "justifiable homicide" in California. Justifiable homicide is a legal defense for someone who has been charged with murder or manslaughter. As the name implies, this defense argues that a killing was legally justified by the circumstances, and therefore the accused has not committed the crime of murder or manslaughter. However, under California law, there are only three limited circumstances when a killing is legally justified. First, is in a self-defense situation when your life is in danger. This would be a situation when someone in your presence threatens you with a deadly weapon. In order to qualify as justifiable homicide, the force you use to defend yourself must be proportional to the force of the person attacking you. So someone who merely punches you probably could not be legally stabbed to death or shot, since no deadly weapon was being used. And many people who have killed someone in such a scenario, were later prosecuted in California courts. The second situation when a killing can be justifiable under California law, is a home invasion with a violent criminal attempt. California abides by the "castle doctrine" which gives a person special rights to defend their home using deadly force, and with no duty to retreat. But this applies only when a criminal enters your home or property with the intent to commit a violent crime, or do you or your loved ones serious physical harm. In such a scenario killing the intruder would be justified under California law. However, someone who simply trespasses onto your property with no violent intent, cannot simply be shot and killed. The castle doctrine only applies when you are defending from serious bodily harm. The final type of justifiable homicide is during a citizen's arrest. Under California penal code 837, citizens have the right to make arrests and keep the peace. But using deadly force during a citizen's arrest is only justifiable if the perpetrator has already committed a violent crime, and poses a continuing danger to harm others. An example of such a scenario would be a terrorist who is targeting pedestrians with their vehicle. While these 3 situations of deadly force are legally justified, it's never a good idea to take the law into your own hands unless it's absolutely necessary. It's almost always a better idea to call the police and let the professionals handle it. More info at https://www.shouselaw.com/ca/defense/... or call (855) 999-7755 for a free consultation. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.