Don’t you have to prove an intent to take or steal to make the burglary charge stick?
Again, a dude in your house doing nothing is not necessarily charged with burglary?
I realize we are pretty far down the “if” trail now.
But I’ve been told when you kill an unarmed, non violent intruder in your home just say “castle doctrine” to the cops, they will give you a high five, toss the body in the gutter, and leave, no questions asked!
Go do that and see how that turns out in civil court for you.
You can’t shoot and kill an uninvited dude that came in an unlocked door standing in your house doing nothing threatening. You’d go to jail. There is no standing in the CA “castle doctrine” that allows that.
I agree with everything there. I was the one that brought up a person in the home, so I changed the conversation a bit.
I have been told multiple times by multiple cops that there is a difference in having the house locked and unlocked... basically that someone in your house is not necessarily...
From CA cops. Someone walking in my unlocked door is not “breaking and entering” are they? They aren’t burglarizing me at that point.
I live in CA, I can’t kill or even beat up a “trespasser” that is not a threat.
It does not make sense, but that is how it it works. It is still a crime for the person to be in your home but speeding is a crime too. A person walking though your unlocked door is not breaking an entering.
You are comparing 2 things that are not the same. I never said the person in your house...
Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.
You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.