If you are in your own home in the state of California, you do have the right to protect yourself without retreating. In some states, this is known as a “stand your ground” law. Both caselaw and a judge’s jury instructions recognize that you have a right to use force to protect your property without first trying to escape.
However, there are limits to this right. Keep reading to learn more about stand your ground laws. Find out what your options are if you are arrested for breaking into someone’s home or standing up to someone who broke into yours. Call Law Offices of Torrence L. Howell at 909-920-0908 for a free legal consultation.
When Does Stand Your Ground Apply?
In the state of California, a person is lawfully acting in self-defense or defending another person if they believe they or another person is in imminent danger, they believe that the use of force is necessary to defend themselves against danger, and they do not use more force than is reasonably necessary. The imminent danger must be one that has no option other than being instantly dealt with.
Can a Person Defend Their Personal Property with Stand Your Grand?
Yes. A person can use reasonable force to protect their property from imminent harm. They can also use reasonable force to protect property of a guest or family member. The court considers reasonable force to be the amount of force that a reasonable person in the same situation would consider necessary to protect the property.
This can even include deadly fore in the case of someone defending their property against someone who intends to commit a felony or when they are defending their home against someone who is trying to enter in a violent matter to harm someone inside the property.
Can a Person Legally Use Force to Evict a Trespasser?
Yes. If the owner or lawful occupant of the property asks the trespasser to leave the property, and said trespasser does not do so within a reasonable amount of time, and the owner or occupant believes that the trespasser poses a threat, reasonable force can be used. If the trespasser resists, then the owner or occupant can use more force in proportion to the force used by the trespasser and / or the threat the trespasser poses to the property.
What Do I Do If I Was Charged After Defending My Property?
Call an attorney. At Law Offices of Torrence L. Howell we know your rights and we will ensure that you do too. Call us now at 909-920-0908 and we can get started with a free legal consultation. We will carefully consider the case against you, the evidence, and your side of the story. There are defense options and we will find them – call now.