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Work product · research memo · 2 verified authorities

Is a shooting in defence of a home justifiable under California law?

California · Today 09:10

QUESTION PRESENTED

Whether a homeowner who shoots an intruder inside the residence is protected by the justifiable-homicide provisions of the Penal Code.

SHORT ANSWER

Likely yes. Section 197 lists the cases in which homicide is justifiable, and section 198.5 supplies a presumption of reasonable fear where force is used against an unlawful and forcible entry into the residence. 12

GOVERNING LAW

Section 197 provides that homicide is justifiable when resisting an attempt to murder, to commit a felony, or to do great bodily injury. 1 Section 198.5 creates a presumption of reasonable fear of imminent peril where force is used within the residence against a person who unlawfully and forcibly entered. 2

Verified authorities 2

Cal. Penal Code § 197Justifiable homicideVerified against source
Cal. Penal Code § 198.5Presumption of fear of death or great bodily injuryVerified against source

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Amina R. WhatsApp · 09:14

Can you send the updated lease by Friday?

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Work product · research memo · 2 verified authorities

Short answer

Likely yes. Section 197 lists the cases in which homicide is justifiable, and section 198.5 supplies a presumption of reasonable fear where force is used against an unlawful and forcible entry into the residence. 12

1Cal. Penal Code § 197Verified against source
2Cal. Penal Code § 198.5Verified against source

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