Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
A few years ago in Petaluma some guy was arrested for beating a burglar half to death. He did take it a bit far as the beating was fairly continuous from inside the house and across a neighbor's yard.
The people of Petaluma were clearly on the defender's team and the whole incident sort of went away. That was nearly 15 years ago before Petaluma became a full-out San Francisco suburb. According to friends who recently relocated out of state, Petaluma had become far more Liberal and now had the victim of society mentality (as well as a gang problem believe it or not!) so now, almost 15 years later, the guy would likely be sent to the tower for 700 years. It's kind of a shame. That used to be such a safe and clean town. You had to be on your best behavior because the cops would come down on you like a ton of bricks if you even looked shady but those days are no more.
I've been here for close to 30 years. Originally from Houston. If you live in SF or LA and have to defend yourself, try not to get caught. Sac could be iffy. North coast, also iffy. If you're Not in Sac or Coastal, you should be fine.
EDIT: Since your name is "West Of Encino" it only just clicked. Doh! While SoCal is somewhat more sane than the Bay Area, I'd still be careful about getting caught. Just be sure you can prove your life was in danger... or you could consider just moving. Crazy ex-girlfriends can be a real problem.
Last edited by Joe_Ryder; 08-15-2011 at 02:34 AM..
Reason: Blond moment.
Since you are in California you must run away and call the cops and hope they come before the guy steals your stuff, burns down your house, or kills you.
You hurt him even in your house you WILL go to jail and lose anything you own to him.
In California, you can use force necessary to end the threat. If someone shoves you, you can't pull out a gun and shoot them, on the other hand, if they come at you with a weapon, there's obviously a presumption that they intend to cause death or serious bodily harm, so a great level of force may be necessary to end that threat.
If you are at your residence:
California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197 [3]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating." However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'” The court held that because a "trap-gun" was used, the doctrine did not apply
I'm getting threats from someone claiming to come over and do something really bad. After I ended my engagement to this crazy girl and told her not to contact me anymore, she met an even crazier guy.
I doubt the police would protect someone who's receiving threats, so would it be against the law to protect and defend myself with a bat? What if this fool has a gun?
It seems like the laws are kind of skewed. Law-abiding citizens can't defend themselves, not even inside their own homes if the fool breaks in.
If this story is true, speak with the police and/or an attorney.
Anonymous internet advice is of no value to you here.
You need to report this to law enforcement ASAP so there is a record of the threat(s). When you file the complaint against the threatening party be certain to request and obtain the report number as you may need it later.
In Texas, you are legally allowed to shoot the victim if they even put a step inside your home. Maybe you should move here.
Might as well stay on 1-10 and keep heading east cause in FL (the Gunshine State) one can stick their hand in a car window and it's considered attempted burglary so the driver can cap the offender and go about their business.
I'm getting threats from someone claiming to come over and do something really bad. After I ended my engagement to this crazy girl and told her not to contact me anymore, she met an even crazier guy.
I doubt the police would protect someone who's receiving threats, so would it be against the law to protect and defend myself with a bat? What if this fool has a gun?
It seems like the laws are kind of skewed. Law-abiding citizens can't defend themselves, not even inside their own homes if the fool breaks in.
I would call the police and ask about a restraining order. I would also look into purchasing a firearm. Your post gives me the impression that you would rather not take on this guy physically. If that is the case I don't know that using a bat as a weapon is a good idea. He may take it from you. A larger or better trained person can easily take a bat, stick or knife from a smaller, less trained person. Perhaps pepper spray or a gun would better.
If you are really worried your first move should be contacting law enforcement.
Been following the news lately? Call the cops for help and you'll end up being either beaten, tazed, or shot to death. And really, when you are in a life or death situation, what human being even wonders if defending themself is going to break the law? At that moment that is the furthest thing from your mind. You do what you must to defend yourself. I wish you luck.
call Saul Goodman to ask.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
