Defending Your Property with Force in California: Know Your Rights

If someone is attempting to steal from you, it is important to understand your rights when it comes to defending your property with force. In California, Penal Code 197 permits the use of reasonable force to protect your property from theft. However, it's essential to note that the use of deadly force is only justified if there is an immediate threat to your life or the life of another individual.

While it may seem like an easy decision to defend your belongings, California law draws a clear line between reasonable force and excessive force. Using more force than necessary can result in serious criminal charges, such as assault or manslaughter. Therefore, understanding when and how to defend your property can be a complex legal matter, and it's crucial to avoid making decisions in the heat of the moment that could lead to legal consequences.

 A Recent Case: Defending Property in Rancho Cucamonga

A recent case handled by our law firm, Burga Law, illustrates the complexity of using force to protect property. Our client, a Rancho Cucamonga resident, confronted an individual attempting to break into their car late at night. Feeling threatened by the situation, despite the thief being unarmed, the client fired a warning shot with a firearm. As a result, our client faced charges of assault with a deadly weapon.

We crafted a defense strategy focused on showing that the client believed their life was in imminent danger. Using witness statements and presenting evidence of the thief's criminal history, we built a case supporting self-defense under Penal Code 197. Due to our thorough defense, we successfully negotiated for the charges to be reduced, and the case was ultimately dismissed.

This case highlights the delicate balance between protecting your property and facing potential legal repercussions. In Rancho Cucamonga and across California, any use of force beyond what is deemed “reasonable” can lead to severe penalties.

Understanding California Law on Self-Defense of Property

California's self-defense laws regarding property are designed to safeguard your rights, but they also impose limitations to prevent unnecessary harm. Deadly force, such as using a firearm, can only be employed when there is an imminent threat to human life. For example, if an individual merely attempts to steal a car, using deadly force would likely be viewed as excessive unless there is clear evidence of a threat to your safety.

If the thief is unarmed and does not present a direct danger to you, using a weapon to defend your property could result in **criminal charges**, as seen in our client's case. Even though it might feel justified at the moment, the legal system considers whether the force used was appropriate for the situation.

Protect Your Rights with Burga Law: Your Rancho Cucamonga Criminal Defense Attorney

At Burga Law, we are committed to defending clients who find themselves in difficult situations like these. If you are facing charges related to the use of force in defense of your property, it is critical to have an experienced Rancho Cucamonga criminal defense attorney on your side. Our team understands the complexities of California's self-defense laws and will work to demonstrate that your actions were reasonable under the circumstances.

We have a proven track record of reducing or dismissing charges in cases involving property defense, as demonstrated by our recent success. Protecting your rights 

Contact Burga Law for a Free Consultation

If you or a loved one is facing criminal charges related to property defense, contact Burga Law Firm PC today for a free consultation. Our team will evaluate your case, explain your legal options, and develop a defense strategy tailored to your situation. As leading criminal defense attorneys in Rancho Cucamonga, we are here to protect your rights and ensure the best outcome for your case.