The Andrew Branca Show
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The Andrew Branca Show
“Harry Dresden” Home Invader: When Deadly Force Is Lawful!
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Exactly a week ago an apparently deranged Jason Thomas Nichols made threatening demands at the front door of a home in Fairfield, CA, and engaged in a conversation with the homeowner through the Ring doorbell, which video captured the exchange.
The homeowner involved in that conversation was not home at the time, but a woman and small child were inside the home. Nichols managed to gain access to the interior of the home, where the just-returned homeowner confronted him with a shovel. Both Nichols and the homeowner would end up with head injuries as a result of this confrontation, but no injuries described as serious were reported.
Shortly thereafter police arrived and Nichols was arrested, charged with four crimes, all of which could qualify as felonies, and then released on $35,000 bail.
This all could have gone much worse, of course, including with a bunch of the people involved—Nichols, the homeowner, the woman or child, the police officers--ending up dead from a variety of causes. In particular, of course, the homeowner could have shot down intruder Nichols inside his home.
But had the homeowner done so, would it have been a legally justified killing? California law does allow for the use of deadly force in defense of one’s home—but very specific conditions must be met, and the conditions set by California are different than the more common similar provisions in other states.
What about those states with more common defense of dwelling statutes? What if this had occurred in, say, Fayetteville, NC instead of Fairfield, CA. What would North Carolina’s more common defense of dwelling law have allowed this homeowner to do in fighting off this home invader?
Let’s talk about defense of HIGHLY-DEFENSIBLE PROPERTY!
Join me LIVE at 11 AM ET as I break it all down!
Episode # 1285.