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can I attack a thief?

theharlequin said:
just widened my search to general defense of property, and wikipedia says that "reasonable force" is acceptable. Though if I saw someone f#$% with my bike, god forbid what I would consider reasonable in that moment...
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Wikipedia has gotten better over the years, but I wouldn't rely on it for legal opinions.
 
Bouncer said:
"As I approached the man attempting to steal my motorcycle I saw him reach into his waistband - He then pulled his hand out of his waistband and started to raise his arm towards me - he appeared to have a dark object in his hand - I was in fear for my life.."
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Keep in mind that people have security cameras on their homes and businesses more and more these days, and if the story as you tell it is different than the video, your attorney's job will switch from going to trial to trying to get you a shorter sentence with a plea bargain.
 
Be a good witness, with a 9mm in your pocket.

http://news.rgj.com/apps/pbcs.dll/article?AID=2011110411022

(Police lieutenant) said he discourages dangerous confrontations, and asked that residents be “good witnesses” and immediately report suspicious activity to police.

Investigators said the homeowner had just driven up to his home when he noticed a dark-colored pickup drive past him several times. It finally parked, and its headlights were shut off. Rafaqat said the homeowner felt the truck was suspicious and went inside his home to get a paper and pen to write down the license plate. The homeowner also tucked his 9mm gun inside his sweatshirt pocket.
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So if you see someone stealing your property you ask them to stop that or you will call the police, they said go ahead and run off with your property. Police are called but the person that stole your property is long gone and all you can do is file a police report.

So why not sneak up behind him knock him out and steal his stuff and he can call the police on you while your long gone on your property.
 
SIN said:
So why not sneak up behind him knock him out and steal his stuff and he can call the police on you while your long gone on your property.
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^^hahaha. maybe you'll even get some crack out of it.

*sigh* in reality, if someone was attempting to steal my bike, he or someone with him would be huge, and/or carrying more weapons than I carry. I say he because if a girl tried to steal my bike, she'd have to have a guy or two to pick it up and put it in a truck. and It's unlikely I'd be able to attack him safely regardless of the law.

But if I saw some punk kid key the side of my bike, and I yell "HEY STOP" and he runs away, at least I'm allowed to chase him down and catch him.
 
you can probably kick his ass.

no witnesses. it'll be your word against a thief. say he attacked you first.
 
orbframe said:
not in california. you cannot use force to defend your property... just your person.

if you see someone tampering with your bike and you just walk up and clock them with a baseball bat you're going to prison.
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"I'm sorry officer, I told him to stop messin' with my bike and he attacked me. The guy is crazy."
 
You may want to rethink an assault on a stranger, you do not know if the person is armed, a MMA fighter, crackhead, or what. You may not get sued for assault (and possibly battery), you may get dead or get your property vandalized after the incident for ever.

Call the cops, instead of confronting the person... IMO
 
So, let me get this straight...

If my moto was on my property and someone tried to steal it....
I have two LARGE guard dogs (over 120 lbs each), I know they would protect me and my property, if they attacked the thief, I might be on the hook for civil damages?
 
OaklandLion said:
ah, that's right, the pussification of California continues....
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Except the same applies in most states...only exception I'm aware of is Texas and partially Florida (no "duty to retreat" anymore, but I do not think property can be defended as with a person there).
 
sprorchid said:
So, let me get this straight...

If my moto was on my property and someone tried to steal it....
I have two LARGE guard dogs (over 120 lbs each), I know they would protect me and my property, if they attacked the thief, I might be on the hook for civil damages?
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yep

edit: it's complicated... there are legal protections, but we all know the law is anything but certain, ESPECIALLY in the civil world... so the extremely short answer is "yes".

http://www.dogbitelaw.com/PAGES/California.html
 
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officer, I ran up to place him under citizens arrest. He took off running and tripped on the neighbors skateboard, the curb, sprinkler head, his shoe lace, the tire chock.

I put out my arms to stop him from running away and he closed lined himself.
 
Raz0rback said:
Glad I don't live in California anymore... Laws are just BS in California it's retarded.
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this is true....sorry L.E.O's well..you dont make laws, just enforce, but here in stockton, this lady went to jail because this guy broke into her house, tried to steal stuff and she shot him with a shotgun..
 
markjustus said:
this is true....sorry L.E.O's well..you dont make laws, just enforce, but here in stockton, this lady went to jail because this guy broke into her house, tried to steal stuff and she shot him with a shotgun..
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FWIW, you're not giving the full story. In CA if someone breaks into your house and is armed and threatens you and you shoot them. You most likely will not see any "criminal" charges. However if someone breaks into your house unarmed and you shoot them. Oh yeah, you'll be facing charges for sure.
 
I saw a crackhead in Berkeley ready to smash a window out of my truck from some children's blocks that were bound for a friend's house.

I hit the panic button and saw the dude crap his pants, for real.

So satisfying
 
Dopesick said:
FWIW, you're not giving the full story. In CA if someone breaks into your house and is armed and threatens you and you shoot them. You most likely will not see any "criminal" charges. However if someone breaks into your house unarmed and you shoot them. Oh yeah, you'll be facing charges for sure.
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California Penal Code section 198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
----------
Given that this is very longstanding law in California (despite what know-it-alls who don't actually know the law might keep as closely held beliefs), there had to be more to the Stockton story. 198.5 is very clear.
 
I've learned that even if you are 100% in the right, and 100% protected by law, being taken to court can still fuck up your life.
 
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