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WHAT IS SELF DEFENSE

Pittsburg, CA |

WHAT IS THE SELF DEFENSE IN THE STATE OF CALIFORNIA. NOW IF YOU AND I AURGE OVER THE PHONE AND I COME TO WERE YOU ARE WITH ANOTHER PERSON AND KILL YOU IS THAT SELF DEFENSE?

Attorney Answers 5

Posted

The simple answer is NO. You cannot use deadly physical force UNLESS your life is in threat or you are in danger of serious physical injury that is imminent in most states. Words do not equal use of deadly force. I don't practice in CA, but we have many criminal defense lawyers from CA on this avvo website that may respond.

In my state, KY we have a statute that deals with the use of force in self defense which may assist you:
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION

Current through 2012 First Extraordinary Session

§ 503.050. Use of physical force in self-protection - Admissibility of evidence of prior acts of domestic violence and abuse

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.

(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.

(4) A person does not have a duty to retreat prior to the use of deadly physical force.

Cite as KRS 503.050

History. Effective: July 12, 2006
Amended 2006, Ky. Acts ch. 192, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 30, effective January 1, 1975.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 503. GENERAL PRINCIPLES OF JUSTIFICATION

Current through 2012 First Extraordinary Session

§ 503.055. Use of defensive force regarding dwelling, residence, or occupied vehicle - Exceptions

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) of this section does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used;

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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5 comments

Frank Mascagni III

Frank Mascagni III

Posted

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer. (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force. (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Cite as KRS 503.055 History. Effective: July 12, 2006 Created 2006, Ky. Acts ch. 192, sec. 2, effective July 12, 2006.

Asker

Posted

THANK YOU AND HAPPY HOILDAYS

Frank Mascagni III

Frank Mascagni III

Posted

you are very welcome.

Robert Lee Marshall

Robert Lee Marshall

Posted

Please note that laws vary widely from state to state. Relying on Kentucky law on a California issue is like consulting a veterinarian on a medical issue: there are some similarities, but enough differences that the answer is unreliable, if not downright dangerous.

Frank Mascagni III

Frank Mascagni III

Posted

I agree that all state laws are unique. I provided the KY statute as illustrative of a self defense law only. It was only for information purposes. If these facts occurred in CA, of course the CA state penal code would govern.

Posted

Let me get this straight: you are asking if you can assert a claim of self defense if you argue with someone over the phone, hang up with that person, enlist another person to travel with you, go to the location of the person you argued with previously and then kill that person because of the argument? Are you serious? In a word, the answer is "NO".

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10 comments

Asker

Posted

yes im very serious..... well thats what happen with my son thats how serious i am about this case and i dont know what to do now

Robert Lee Marshall

Robert Lee Marshall

Posted

If you think your son's life is in danger, call the police. Unless he is in imminent danger of death or great bodily injury, it's not self defense (or, in your example, defense of others). What's more, after what you've posted, if someone in Pittsburg, California is killed under similar circumstances, expect the District Attorney to subpoena your records from your internet provider. This sort of planning is more than enough to convince a jury that you acted with premeditation and deliberation, which is the difference between first and second degree murder, raising the potential sentence to 25 years (or more, depending on the circumstances) to life in prison.

Asker

Posted

MY SONS LIFE WAS TAKEN IN 2008 AND IM TRYING TO FIND OUT WHAT IS EELF DEFENSE I CANT REST UNTIL I GET JUSTICE

Robert Lee Marshall

Robert Lee Marshall

Posted

What you are talking about is not self defense. It is premeditated, first degree murder.

Asker

Posted

WHAT I KNOW IS THAT MY SON IS GONE AND THIS BOY IS OUT MY CASE NEVER WENT TO TRAIL

Robert Lee Marshall

Robert Lee Marshall

Posted

Look, a bunch of lawyers have responded to your question, and the answer is the same: you're not talking about self-defense, you're talking about murdering someone. I'm sorry about your loss, but you'd feel a lot worse if you went to prison fur the rest

Robert Lee Marshall

Robert Lee Marshall

Posted

(typing on phone) for the rest of your life for killing someone. At this point, you don't need legal advice. It's clear to me that you need grief counseling. Find a mental health professional in your area.

John Paul Thygerson

John Paul Thygerson

Posted

One last comment on this matter; you must know that everything discussed on this website does not enjoy any type of protection of confidentiality. Moreover, under the Rules of Professional Conduct attorneys can break the privilige under the "crime/fraud" exception, which means we can alert law enforcement or the court that a client is planning to commit a crime or perpetrate a fraud upon the court. I would suggest that you get some counseling and stop posting on this site because if anything happens to the individual you are talking about and you become a target of the investigation you can rest assured that everything disussed here will be scrutinized by law enforcement.

Asker

Posted

I'm okay with that my son life was taken 8/28/2008 and every thing that I speak is the truth so they can do what they want. all I seek is some kind of justice thats all. as far as a investigation thats what they should have done when my 17 year old was gun down. Im going to keep looking for help until God takes my last breath thanks and this comes from ~A BROKEN HEARTED MOTHER~

Asker

Posted

YOU GOT ME ALL WRONG FRIST ALL IM A CHILD OF GOD AND IM LOOKING TO TAKE A LIFE WE HAVE ENOUGH OF THAT IN OAKLAND. EVERYDAY A MOTHER HAS TO LAY THERE CHILD TO REST AND WERE JUST WANT JUSTICE. ITS WRONG TO TAKE A LIFE IN GOD'S LAW AND I DO SEE SOME ONE HAVE BEEN SCINCE THE DAY IT HAPPEN. I APOLIZE IF YOU THOUGHT THAT I WANTED TO TAKE A LIFE, BUT THATS NOT IT I WANT TO KNOW WHAT WAS SELF DEFENSE. SO YOU HAVE ME ALL WRONG I HAVE A 10 YEAR LITTLE GIRL AND DOING SOMETHING LIKE WHAT YOU GUYS THINK WOULD NOT BRING MY SON BACK, ITS NOT MY PLACE TO PAST JUDGEMENT ON SOMEONES LIFE THAT GOD'S JOB. AND I KNOW THAT HE IS GOING TO GIVE ME WHAT I ASK FOR. AND THAT ~JUSTICE~ THANK YOU~

Posted

No, but DK can help you.

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Posted

On your facts, no. There may be extenutating circumstances, sure, but you would need an attorney to ferret those out.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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3 comments

Asker

Posted

so your saying that is not self defense?

Chris J Feasel

Chris J Feasel

Posted

I am saying, on the facts you state here, no it would not be self defense

Asker

Posted

THANK YOU

Posted

Perhaps your confusion comes about because of the many so-called stand-your-ground laws that are on the books in some states. In the past, you would have had a duty to retreat from danger before using deadly force to defend yourself. In other words, you were required to try to leave the scene to get away from the trouble at hand. With stand-your-ground laws, there is no duty to retreat. The standard that a reasonable person would find his/her life in danger before using deadly force still stands. In no case are you allowed to seek out the person and kill him or her. That is called murder, plain and simple.

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