If you act in self defense, California law says that you may use no more force than is reasonably necessary to defend yourself. In order to show that you legally acted in self defense, you must prove:. In other words, you have to show that you were in a situation of imminent danger. This could include situations like an assault at a bar, someone brandishing a knife, someone trying to steal your purse or cornering you in a secluded area.
The judge or jury will then consider the circumstances of the case to decide if an everyday person would agree that a use of force was necessary and appropriate in that situation. Example: Tina is leaving a party late at night and is alone on the street. A man emerges from an alleyway and closely approaches her. She stabs him, and he dies from his injuries. This could be an appropriate use of force for the situation. However, you may be prosecuted if you continue to attack the intruder if you no longer face danger.
Homeowners are also within their right to prevent an intruder for escaping by tackling them to the ground, according to the Government. Of course that is a possibility. All cases will factor in the circumstances of the intrusion and the self defence. Factors such as whether the householder retreated, launched a pre-emptive strike or used a weapon will be considered when authorities, and possibly a jury, assess whether the response was reasonable or not.
More legal guidance can be found here. Log In. Contact us Sign up for newsletters. People shouldn't have to live under this cloud. According to the Criminal Justice and Immigration Act, homeowners who use "reasonable force" to protect themselves against intruders should not be prosecuted.
One legal expert from Greater Manchester has warned the government that interfering with this law could be "counterproductive" and lead to a "spiral of violence".
Richard Holliday, solicitor and specialist in criminal law, said: "There has been a proposal from Mr Cameron that householders should now be allowed to use more than proportionate force and only be prosecuted if they use wholly disproportionate force. I think you get a spiral of violence generating out of that. The Ministry of Justice declined to comment on this possibility, but did say it was "looking at ways of clarifying the law so people are clearer about what this means in practice".
The BBC understands amendments will be tabled to the sentencing bill which is currently before Parliament. No prosecution for burglar killer.
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