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Old May 30, 2006 | 12:41 PM
  #36  
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shirley
CBOTY 2010
 
Joined: Nov 2004
Posts: 34,786
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From: MI
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[quote=antarius]
The reality of the situation means that in California, if someone breaks down your front door -- you would be reasonable in believing that your life is in immediate danger. However, if you shot him, and it turned out he didn't have a weapon or a knife -- and you couldn't articulate how he could have easily beat you to death -- you could be tried for committing crime as there was no "actual threat."

Now if the person broke in stating "I'm going to kill you" and you shot him, and he didn't have a weapon -- you could show that you reasonably believed your life was in danger, and the attacker at least thought he had the ability to commit serious bodily injury, thus lethal force was justified.
[quote]

our county sheriff is a friend of my grandfathers, who collects rifles and shotguns and it is well known that he does so he worries about people wanting to rob him, so at one time he had the sheriff out to check his place and make recomendations. he told him that anytime someone breaks into his house all he had to do was make sure the glass was broken in on the window or the guy stepped in the house and he was free and clear to fire. i dont know about other states but from what he said here thats all that is required to be self defense. he even came out to say if u shoot just go knock the glass in on an accesble window or door so it looks good.
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