If You Caught Someone Smashing Your Camaro..

[Smart Line]

Originally Posted by Mr. iNCREDIBLE

having served a 3 year sentence @ San Quinton for beating the crap out of someone that was swindling funds from my father estate and basically robbing my mother blind..

let me tell you, it will be you doing the jail time here in California.

I won't got into details about my issue, but let me leave you with this:

I beat the guy so bad I was charged with Attempted Murder, it was plead out to Assault with intent to do great harm, cost me over $70K in attorney fees and 3 years of my life to get that, else it would have been 13 years and over $150K in attorney fees if I decided to take it to the box and lost.

and that was nearly 20 years ago here in CA, since OJ the laws are tougher, and the sentences longer, and the attorney fees higher.

this is all in "what if" fun
sounds like you had a real deal to handle, as for me 5 years probation.(not getting in to it but it was over money)..

you are correct Sir, not much you can do just video or take picks the call the police.

heck I'm married now my answer was all a joke as well.

[Smart Line]

Originally Posted by willhe64

Totally different situation. There was no crime in progress, and you were not directly a victim.

Edit: A couple years ago I had dinner at a pub with a buddy. Came out of the pub to find a guy just running off from smashing the side window and rifling through my Pal's truck. We chased him down the Railroad Tracks, caught him and pounded him bad. Cops and ambulance came. Cop winked at us and said "Looks like he tripped and fell trying to get away". End of story.

count your self lucky.
see above post of mine.

[Mr. iNCREDIBLE]

Originally Posted by willhe64

Totally different situation. There was no crime in progress, and you were not directly a victim.

Edit: A couple years ago I had dinner at a pub with a buddy. Came out of the pub to find a guy just running off from smashing the side window and rifling through my Pal's truck. We chased him down the Railroad Tracks, caught him and pounded him bad. Cops and ambulance came. Cop winked at us and said "Looks like he tripped and fell trying to get away". End of story.

You live in Canada, not California.. Your laws are different and you probably have a "right to defend" law.

Here in CA we do not, what we have is Mutual Combat, doesn't matter if you are the aggressor or the victim, once you enter into a fight of any kind both parties are culpable, and both will usually be arrested and charged.

While a lot may depend on the officer and the situation, in most cases the officer will just arrest everyone and let the courts sort it out (like in my case) yeah the other guy was charged with his crimes too, including assault on me.

I was intemperate in my youth, today is a different story, 3 years in prison, 1200 hours of anger managment, and 14 years of teaching anger management course has taught me.

There is nothing wrong with anger, it is a natural emotion to something being wrong, however it isn't getting angry that is the issue, it's what you do with that anger..

Personally I think it should be called violence management, getting angry is ok, becoming violent because of the anger is not.

And don't mis-understand me.. I am a strong believer in the 2nd amendment, and our Constitution in general, I believe everyone has the right to bare arms and defend themselves, but there is a difference between defending yourself because your life is in danger and defending your car from being broken into. While I work hard for my material possessions and do get angry at the lack of respect of the population as a whole, at the end of the day they are only possessions and my rights, freedoms, and life is not worth a material possession that can be replaced.

[Cheveey57]

Originally Posted by Mr. iNCREDIBLE

You live in Canada, not California.. Your laws are different and you probably have a "right to defend" law.

Here in CA we do not, what we have is Mutual Combat, doesn't matter if you are the aggressor or the victim, once you enter into a fight of any kind both parties are culpable, and both will usually be arrested and charged.

What about self defense?
Sounds like what you did I too would do under that situation. But it is premeditated, and that's where you run into trouble. Self defense or temporary insanity are two different things.

[Mr. iNCREDIBLE]

Originally Posted by Cheveey57

What about self defense?
Sounds like what you did I too would do under that situation. But it is premeditated, and that's where you run into trouble. Self defense or temporary insanity are two different things.

yes my situation was premeditated in that I confronted him about what he was doing..

as far as California Self-Defense:

California self-defense law is quite specific. The basic principle of self-defense is that you should not be punished for injuring or killing another while trying to protect yourself. However, your actions must be judged reasonable under the circumstances.

“It is lawful for a person who is being assaulted to defend himself from attack if, as a reasonable person, he has grounds to believe that bodily injury is about to be inflicted upon him. In doing so, that person may use all force and means which he believes to be reasonably necessary and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent the injury which appears to be imminent.” (California Jury Instructions–Criminal (CALJIC) 5.30.)

“An assault with the fists does not justify the person being assaulted in using a deadly weapon in self-defense unless that person believes and a reasonable person in the same or similar circumstances would believe that the assault is likely to inflict great bodily injury upon him.” (CALJIC 5.31.)

Other instructions specify that the assaulted person need not retreat and the appearance of danger is sufficient. Also, self-defense is not available after the danger ceases or the adversary is disabled. It is also not considered self-defense when an aggressor or participant in mutual combat has not tried to stop fighting.


in California, a person claiming self-defense must use “reasonable force,” while in most other places the laws say a person can “meet force with force, including lethal force.”

That means elsewhere, if someone first punches you with their fist, you could respond by shooting them with deadly force.

as such, when self-defense is invoked, there is a presumption the killing is reasonable. The burden is put on prosecutors to show that it is not.

In California the burden is on the attorneys representing the person claiming self-defense to show the beating or killing was reasonable.


Simply put in CA we only have the right to defend our person, not our property and only to defend our person to the point where the threat is no longer present, not to the point that the aggressor is incapacitated.

[Behic2320]

Originally Posted by Renegade

A women with an anger that's sexy and deadly.

I would say more the second one than the first haha

[ActNup NY]

Originally Posted by crateish

So quick for the Dirty Harry's to respond.

It's just a car. And if they are that crazy, you may not be able to out draw them.

Call the cops.

Well you sit and wait for the cops to come. Good luck with that one ! Yes your right "It's just a car" MY CAR !!! I'm Dirty Harry all day. If you are already drawn when approaching them, you wont have to worry about not being able to draw. Cause they'll be so immersed with my car that they probably wont even hear/see me coming up behind them.

[880]

Originally Posted by brantley847

Internet bad-sses ...but I get it, people want to believe they would. If someone is vandalizing your car, they are probably using some device or weapon to do it. If it can dice some paint, it will do the same to you.

10% of the people that are posting would actually confront physically... the other 90% would wait for LEO. Those 90% have common sense. No reason to get yourself killed over a car... if they were kids, and you hold them down that could end poorly as well. If the kids see you, you aren't going to catch them when they start running lol...

+1 love the tough guys on here with no common sense or foresight...

Go ahead and be rash - you'll be doing society a favor by taking out the idiot who is smashing your car...and your own dumbass...

[Goober]

I'd open a big can a whoop ass on 'em.

[Yendor]

So then no one would be offended if I shot them for driving too fast down the street when my kids are out playing kick the can? Cool, my kids are worth a lot more than my car. Drive sane.

[Rhyder]

Originally Posted by ActNup NY

Well you sit and wait for the cops to come. Good luck with that one ! Yes your right "It's just a car" MY CAR !!! I'm Dirty Harry all day. If you are already drawn when approaching them, you wont have to worry about not being able to draw. Cause they'll be so immersed with my car that they probably wont even hear/see me coming up behind them.

So what you are describing is pre meditated murder, drawing first and sneaking up behind the guy......ya your tough alright....course the guys in jail you will be meeting shortly will be showing you exactly how untough you are.....

[RSloth]

Let him keep going and record it while saying "the cops are gonna love this"

[lurchsSS]

Couldn't really say what would happen, it might be on a bad day and I'm feeling froggy! If it's anyone's vehicle, I would like to think I would video it while calling 911 and then from a distance yell at the d'nozzle to get the FK away from that car!!, not laying claim to it if the person has a problem with the car, the person might have more of a problem with the driver!
If the attention advanced towards me then I would size up the situation to decide how fast to open the distance between us hopefully buying time for the cops to arrive. If I was chased down, IT's ON!! I'm the furthest thing from a billy bad ass, but I won't be in a fetal position just "taking it"!
Hope no gun(s) are presented by the person....

NO premeditated charges here..... but I do think about "what if's" ALOT just to possibly be prepared for the worst in any situation.

I did say ANYONE'S vehicle, because I would hope someone would do it for me if I wasn't around. Using there best judgement of their abilities at current situation.

[Renegade]

Originally Posted by Rhyder

So what you are describing is pre meditated murder, drawing first and sneaking up behind the guy......ya your tough alright....course the guys in jail you will be meeting shortly will be showing you exactly how untough you are.....

Sounds like someone's upset. I guess everyone's entitled to their own opinion and views on these things.