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      11-20-2012, 09:14 AM   #12

Drives: 2008 328i 6MT - SOLD
Join Date: Nov 2008
Location: El Dorado Hills, CA

iTrader: (0)

Maybe a lawyer will chime in and provide FACTS, but here's my understanding. I asked a DA about this once and here's what he told me.

You can only use the amount of force necessary to stop someone from seriously hurting you or someone else. That doesn't apply to your property.

If someone breaks into your home (through a door or window), in theory, the same rule applies, but in reality, it depends on the circumstances and jurisdiction. In other words, in theory, you can only use enough force to stop an attack that would do serious injury to you or someone else. But, in reality, you have more latitude. I even heard that if someone breaks into a home and a woman is home alone, she can shoot him and no one will bother her.

I hope a law enforcement official or DA will chime in and set us straight on this.