Your home may be your castle, but in California that doesn't necessarily give you the right to shoot at an intruder. Weapons laws are complex and place significant emphasis on certain judgmental issues, including the perceived seriousness of the threat, the degree of force necessary to meet the threat, and the assumed actions of a reasonable person.
Under California law, you can use a firearm to defend yourself and your property from an intruder if a reasonable person in the same situation would believe that:
- the intruder intends to forcibly commit a life-threatening crime;
- there is imminent danger that such a crime will be committed; and
- the occupant believes that use of a firearm is necessary to save himself or another person from death or grievous bodily injury, defined as "significant or substantial physical injury."
Weapons charges in California are serious and include possession of a weapon, brandishing a firearm, discharging a firearm, using a gun to commit a crime, and the unlawful sale of firearms. Weapons are defined broadly in California and may include box cutters, tear gas, an automobile, your fist, even keys. Gun and weapons charges are aggressively prosecuted in California and most convictions result in time in the county jail or state prison, expensive fines and a criminal record that can make it difficult to find employment and housing. The expert help of a criminal attorney may be necessary to avoid a felony conviction, particularly since, under California law, some misdemeanor crimes, including possession of a firearm, can be elevated to felonies.
