Deadly Force Justified in CA

Even in CA, the “three pillars” still apply: ability, opportunity, & jeopardy. No matter how much people want to point to “stand your ground” or “castle doctrine”, it still comes back to these three, including with your own conscience (if it’s well formed). Could you live with killing Robert Downey Jr. because he broke into your house while high simply because, hey, “castle doctrine”?

Ability: Can you convince a jury that your “assailant” was capable of causing your death or great bodily injury? Were you able to give LE a description of the type of gun/knife/weapon he had. There’s a big difference between “He had a Glock 17 pointed at me.” and, “It looked like he had a gun.” Or was he 6" taller, 50lbs heavier, and wearing a UFC shirt? You have to be certain about convincing a jury that the person had the capability of causing you death or great bodily harm if you didn’t use deadly force.

Opportunity: Is the “assailant” capable of immediately using that ability? This includes your ability to evade/escape. This is where the “21 foot rule” often comes up if the person had a knife or bat, etc. The threat needs to be “immediate”, so you didn’t have any other alternative. Can you convince a jury that the threat was already upon you and you couldn’t just drive away or lock a door between you and the other person, etc. If you can draw and fire two shots within 2 seconds, were you two seconds away from being harmed? Could you have done something else to avoid it or was shooting your only option within that amount of time?

Jeopardy: This can be a tough one because you have to convince a jury that he had the intent to kill you or inflict great bodily harm. Someone running towards you proves nothing. But someone running towards you with a weapon, yelling their intent to harm you is a different situation. Do you know the person? Have they made threats before? Or were they about to run past you to get to their car because they just got a call that a loved one is in the hospital?

Also in CA, there’s a big difference if this happens in San Francisco vs if it happens in Lone Pine, for example. If you use a handgun to defend yourself in SF, you’re immediately the “bad guy”, you’re going to jail, all your firearms will be confiscated and vanish into thin air, and your jury will be anti-2A activists who are upset that they couldn’t get out of jury duty. Good luck convincing someone who thinks eating meat is animal cruelty, that you had no option but to use deadly force to defend yourself against a fellow human.

I’d suggest getting your family member a book by Massad Ayoob called, “Deadly Force, Understanding Your Right to Self Defense”. Mas has a pretty lengthy background in what takes place in “use of force” cases in courtrooms throughout the US.

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This Size vs Size thing came up in Salt Lake a while back…

Before making the ruling, Lawrence stressed the fight was “not just any old fistfight,” noting that Englandsienna Pauulu, the man who was shot and died, weighed 264 pounds and Dirzo-Portugal weighed only 150 pounds.

Lawrence said that based on the testimony presented at the justification hearing for Ruiz-Martinez, it is undisputed that Pauulu was attacking a man who was smaller than himself and who he had pinned to the ground, and that there was no sign of the attack letting up.

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Yeah, I noticed that as well. I didn’t want to open that can of worms. As that would add additional complexities to the scenarios.

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Oh, and then there’s criminal vs civil court actions. OJ was found not guilty in criminal court. But the criteria is different in civil court and OJ was ordered to pay millions. It’s not enough to be cleared in criminal court. Could you defend your actions to a jury in a civil case brought against you by either the person who was shot or by one of their family members? Every bullet that leaves your barrel has two lawyers attached to it.

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My confrontation in Wa.State was i was locked in a closed in porct and was fast approching me agressivly and I stood and told him to stop,and when he got about 15 ft from me I told him to stop again,he laughed at me and I don’t remember drawing my weapon at all it was automatic and he grinned at me and continued to about 10ft and told him to stop again and had his left foot raised to take another toward me and I brought the weapon to ready and and lit him up between the eyes and the eyes changed and he knew it he took another step forward he was dead,and i was very calm and serious and he turned and walked away and he can credit his life to my on demand laser that was what made him to turn and walk away.I train all the time and irain as I was taught to with my unit and I still train that way,it works good

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Welcome to the Community @Jordan44

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Thanks!

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