Imagine a situation where you are sitting in your living room one evening and you hear what appears to be someone (or more than one person) trying to break into your home. You’re not sure who they are or why they’re there. Or maybe you do know who they are and why they are there. In either event, what do you do? If you protect yourself, for example, by grabbing your gun and shooting the prospective intruders, will you face prosecution? In this short video, partner Stefano Molea plays and reacts to a video clip of a similar situation in real time. What should you do? What charges could you be facing if you do fire through the door as this resident appears to have done?
After viewing the clip, Stefano comes to the conclusion that without more, a prosecutor would have a difficult time convincing a jury that the homeowner did not feel threatened, and thus was not entitled to take advantage of what is known as the "Castle Doctrine." In California, as well as a number of other states, this principle permits homeowners to use force - including deadly force - to protect themselves while in their own homes, without the duty to retreat.