SanDiegoEmt7
Forum Captain
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If the evidence is clear that your wife was trying to kill your mistress... yes, theoretically, you could. You'd also be investigated for a DV component too. :unsure:
The reality of justifiable homicide in California is you'd better forget the "committing a felony" stuff. If you commit a felony against me, in some manner that doesn't involve Great Bodily Injury, could I kill you? Yes... according to PC 197. I would imagine I'd be prosecuted for it, and probably lose.
PC 197, 198, and 198.5 all provide for some defenses to PC 187 (murder) charges. Even if you're successful in defending yourself, or charges are never filed due to the homicide being "justified", those sections do NOT provide immunity to civil suit. And yes, you'll likely be civilly sued.
This topic has been discussed many times elsewhere. Yes, I know what I'm talking about when it comes to CA. Other states have a much more complete castle doctrine than California does. Oh, and did anyone notice that nowhere in 197, 198, or 198.5 is a retreat requirement?
But...
Penal Code 198
A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
Most people aren't afraid of someone running away from them. Hello Prison!
I do agree, though, I wouldn't risk it in California, unless I truly thought my life or my families was in danger. I would especially careful in certain parts of CA, such as San Francisco.
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