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Author: MichaelEhline

Wrongful Death by Police? Q & A Survivors Must Know

Wrongful Death Lawsuits are Possible

When a person, their child, or a close family member is killed as a result of another person’s (including the police) negligence or wrongdoing, this may be classified as two distinct legal events.

  1. Civilly, the survivors have a wrongful death case covered under civil procedure rules.
  2. Criminally, the state may have a murder case against the rogue cop if they can prove the crime beyond a reasonable doubt. (For example, the police shoot an unarmed man with zero justification.).

State wrongful death claims against police occur regularly in Los Angeles Superior Court, but most claims against bad cops are heard in federal court. In a crime, the accused guilty officer who took the shot may do jail time and pay some fines and penalties if the officer isn’t saved by absolute or qualified immunity. The penalty varies. In a criminal case, the alleged murderer, if convicted, the state is the victim.

Here, since your loved one didn’t have to die per the Penal Code, in a civil case, the alleged killer is held liable to pay the survivor or close loved ones money damages as compensation for the incident killing their loved one.

Surviving family members who were financially reliant on the deceased, such as children, surviving spouses, or parents, may have entitlement to compensation for the death, which causes pain and suffering, emotional distress, and lost wages. Sadly, in most police abuse cases, there is no insurance company, and you’ll be dealing with the city, county attorney, or private outside counsel.

A professional wrongful death attorney from Ehline Law Firm can answer any questions about wrongful death lawsuits. With decades of service, we have been helping our friends and clients, offering helpful information and complete legal representation.

In the process, we’ve won clients over $100 Million. Below, we discuss some important details and FAQs regarding a nonviolent death suit caused by police brutality with a gun or other instrument of death. After reading this article, we hope you learn and understand the difference in police killings.

FAQS – Before Filing a Wrongful Death Suit

What Are Wrongful Death Claims?

In this country, each state has some death law. A wrongful death action is an act on behalf of the deceased’s relatives or heirs in their own right. Examples of plaintiffs can include certain blood relatives and legal family members to the extent they are still alive. (a married wife, sisters, grandparents, minor children you were raising, including certain stepchildren in a new marriage, and maybe a putative spouse, for example).

Modernly, even a registered domestic partner can sue and demand criminal charges be filed with the DA. The law identifies that the deceased’s surviving family members got robbed of the decedent’s affection, companionship, and, in certain circumstances, income and permits them to seek jury awards called “compensation” over the sad event destroying their lives.

To begin with, who gets sued depends on their status as officers in the line of duty, a private employer, or other legally accountable persons. The mistake most victims make is assuming the police will hold themselves responsible for what happened!

Typically, that is a vast lie based on an ill-informed opinion from an earlier time that police must protect you. They don’t. One of the many benefits of being a police is the privilege of qualified immunity as a state actor. Many view this instance as denying fundamental rights, but this is the law.

Generally, the police are not your friend, as evidenced by their brutal treatment of the recently murdered George Floyd. Officers are armed magistrates who perform a ministerial function when they respond to and determine how crimes are treated or secure arrests. Finally, who can sue police as civil defendants will usually boil down to intestate succession and statute, not common law guidelines?

What Are the Most Common Causes of Wrongful Death Cases?

The following are some of the most common causes of a wrongful death lawsuit:

  • A car accident (passenger or driver)
  • Deaths caused by medical malpractice and deaths caused by medications or defective medical devices.
  • Workplace deaths due to a variety of factors
  • Neglect or healthcare errors in nursing homes
  • Falling off items or trench cave-ins on construction sites
  • Defective products that cause death
  • Defective warning label deaths
  • Violence-related deaths.

Who Is Responsible if the Deceased Person Dies in a High-speed Chase Started by the Police

California Vehicle Code Section 17004 states:

“A public employee is not liable for civil damages on account of personal injury to or death of any person or property damage resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.”

In addition, the United States Supreme Court supports police protection in high-speed chases, meaning that you cannot hold the police responsible for causing a wrongful death suit in this regard.

This is an unfortunate rule regarding law enforcement, as police agencies in high-speed chases hurt over 10,000 individuals each year, frequently for minor violations. Although the CHP and other organizations have “Guidelines” for similar situations, they are of little use to someone who got killed or seriously injured as a result of them. This is how police avoid a civil or criminal case for the negligent act of running over a pedestrian or causing a victim’s death in a car crash.

This is much different in a typical case, like when a drunk driver speeds up, striking a pedestrian. Here, your legal team will face many obstacles to justice and legal wrangling, including a different statute of limitations to sue (six months instead of two years).

How Long Does a Wrongful Death Lawsuit Take?

A wrongful death claim can be resolved in months or take several years to conclude.

Here are a few factors that affect how long wrongful death lawyers may be litigating cases.

  • Liability
  • Amount of Insurance
  • Unreasonable valuation of death.

What About a Survivor’s Action?

Unlike wrongful death actions, a survival cause of action must be brought by the estate’s representative on behalf of the dead victim to cover their out-of-pocket and other losses.

Here, the estate can collect damages for pain, suffering, and other personal issues like funeral expenses and damage to the deceased’s property from a civil court. For example, when a police officer strikes an arrestee and straddles their back, trying to secure handcuffs on the arrestee’s wrists.

Maybe other cops struggled to pull back the arrestee’s arms, and the arrestee died? Perhaps they placed their shoes on the victim’s throat, etc. Suppose the victim had pneumonia or a respiratory disorder and passed away. In that case, the estate can sue the police and their government entity for the decedent’s pain and suffering, emergency room expenses, and possibly even punitive damages!

If the taser the police used was defective, the estate could sue the manufacturer for a similar damages award. Of course, suppose the emergency room doctor prescribed bad drugs or the wrong medication, which led to a sensitive patient dying. In that case, the decedent’s estate may have a medical malpractice claim against the hospital and doctor.

So there can be more than one part responsible for paying you. They determine who pays what comes down to the parties with standing to sue, their lawyers, and the facts obtained from the investigation.

Can You Recover Punitive Damages in Cases in Los Angeles, California?

In some cases, surviving families cannot receive an award of punitive damages against the at-fault party. Suppose there was any economic loss (lost income or medical expenses) before the decedent’s death. In that case, an estate executor may file for punitive damages as a survival action claim under the right circumstances (witnesses can verify the life was taken intentionally, etc.). Consult a friendly and charismatic expert wrongful death lawyer for more information.

How Do You Pay Out Settlements?

Settlements are usually handed out in one big payment. After paying the lump payment, attorney fees and costs associated with obtaining the settlement are deducted. The remaining funds recovered are distributed to surviving families. A structured settlement is possible on rare occasions.

A structured settlement is comparable to an annuity in terms of how it works. The cash descendants are entitled to for support will be invested. Interest and principal will be paid out regularly or annually based upon prior consent. As a result, if the decedent’s dependent spouse prefers a monthly income rather than a flat sum, this can work out.

It is terrible to lose a loved member to an accident or other act under any condition. On the other hand, with current legislation and obeying the statute of limitations, the victim may seek compensation.

Need Skilled Wrongful Death Attorneys?

To win a case against a police wrongdoer requires skilled legal representatives. Are you in failed settlement negotiations over the loss of your kin?

We are wrongful death lawyers who seek to punish those who commit heinous atrocities accountable for their deeds that occurred, taking an innocent human life.

Schedule a Free Consultation with an Experienced Wrongful Death By Police Attorney

We offer free consultations in good faith to teach your rights, review your evidence proof, and discuss your recovery goals to heal from the wrongdoing against the decedent. As noted, a claim may lead to significant compensation for funeral and burial expenses, pain, suffering, and lost income.

We have represented thousands of clients and can grant you help, too! Phone us today to discuss forming an attorney-client relationship with our wrongful death attorneys and make your request.

All calls are free and confidential to serve your needs better. If a family member got killed due to someone else’s negligence, contact us at (213) 596-9642 for risk-free, confidential legal advice.

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Will Insurance Cover My Wrongful Death Action?

Ehline Law Handles Wrongful Death Cases and Legal Remedies for Our Clients

Wrongful deaths can occur in various ways, and every case is unique with its own set of facts. Insurance companies are often involved in a car accident or death due to medical malpractice.

If you are wondering what such a claim involves and whether an insurance company may cover your wrongful death lawsuit or survival action, here is everything you need to know.

A Wrongful Death Lawsuit Versus a Survival Action

Wrongful Deaths

It is essential first to consider the term “wrongful death.” It is a legal term referring to the death of an innocent person due to negligence or the wrongful actions or crime of another person or party.

This can include an individual, organization, or government agency. In California, surviving family members have the legal right to sue the party responsible for their loved one’s death to recover damages. These damages could include the loss of financial income, outstanding medical expenses, and inheritance obtained by the deceased.

Survival Actions

Many pursue wrongful death lawsuits in conjunction with survival actions. A survival action is comparable to a personal injury claim that the deceased could have filed if they were alive.

Unlike a wrongful death claim that deals primarily with the losses or damages of the immediate family, a survival action covers the pain and suffering of the victim before death.

Does Car Insurance Cover Wrongful Death Claims?

Car insurance companies often cover wrongful deaths that occur in a car accident. The important thing is to demonstrate that the driver of the other vehicle was negligent, which resulted in the car accident that resulted in the death of your family member.

Negligence can manifest itself in various ways regarding car accidents, including driving under the influence of drugs or alcohol, failing to comply with traffic laws or ignoring street signs and demarcations, driving a vehicle that was not worthy, or intentionally causing the accident for malicious reasons.

The manufacturer may be liable if an accident occurs due to a defect or car problem. In such cases, serving family members can obtain a wrongful death settlement from the driver’s insurance company and the vehicle manufacturer.

Does Homeowner’s Insurance Cover Wrongful Death?

In some cases, an innocent person may have died in a home. Such scenarios include fires that occurred in the house and other such incidents. If your attorney can prove negligence, homeowners’ insurance covers wrongful death in most cases, according to the liability section of the homeowner’s policy.

However, these policies commonly include detailed exclusions and limits to the payout amounts. That is why it is essential to name all parties who are liable. This means using all responsible parties, which could be more than one individual or organization. These cases can be challenging and complex to win, especially if multiple parties are involved. The help of an experienced wrongful death lawyer can be the difference between winning and losing your wrongful death claim.

How Long Do You Have to File a Wrongful Death Claim?

If your loved one’s death was due to someone else’s negligence, it is essential to act quickly to obtain a wrongful death settlement. The timeframe to file a wrongful death suit for a family member is two years after the incident, resulting in the victim’s death. If you do not file your claim within this timeframe, otherwise known as the statute of limitations, you may be unable to retrieve any damages.

What Damages Can You Claim?

When claiming for wrongful deaths, the legal system allows you to include the following in your claim:

  • Medical expenses that the victim incurred as a result of bodily injury from the accident
  • Funeral bills
  • Loss of financial support that you would have received from the victim
  • The pain and suffering of the family because of the loss of their loved one
  • Loss of consortium for a spouse or domestic partner

To find out all the damages you can claim, contact Ehline Law for a free case review.

Contact Ehline Law Firm Today!

If your loved one has left you with a pile of medical bills, funeral costs, and lost wages, you should file a lawsuit to pursue financial compensation for these expenses. These lawsuits are never easy, so you must hire a wrongful death attorney with extensive experience handling such cases.

At Ehline Law Firm, we have a team of dedicated, aggressive, and experienced attorneys in Los Angeles who can help you pursue the compensation that you rightly deserve. Our wrongful death and personal injury law firm focuses on maintaining an excellent attorney-client relationship with every client who walks through our doors.

You can rest assured that you will get the support you need to pursue legal action without the struggle and emotional strain. Contact Ehline Law at (213) 596-9642 today for a free consultation with an award-winning wrongful death attorney near you!


Wrongful Death Examples Wrongful Death Examples

Seeking Justice for Your Loved One’s Wrongful Death: 3 Vital Steps

A loved one’s death is always challenging to take; nevertheless, a death caused by someone else’s negligence may cause much more than sadness, anguish, and resentment. You may want to pursue justice for the victim’s death and hold the person responsible for their death accountable.

The most effective strategy to do so is to file a wrongful death lawsuit against the responsible party and seek legal reparations with the assistance of our friendly and charismatic attorneys.

Understanding How to Make a Wrongful Death Claim

Consulting a Wrongful Death Attorney

Before doing anything else, consult an experienced wrongful death lawyer in Los Angeles. You go over the events leading up to the wrongful death action, how much you should get compensated for the financial and emotional losses you’ve suffered, and what measures you can take to make a compelling wrongful death case in court. While money can never bring a loved one back, it is a safe alternative to seeking financial compensation.

Suppose the family member contributed to your household expenses. In that case, your family members might face financial hardship due to lost income – not to mention your departed loved one’s funeral costs and burial expenses. Thus, seeking monetary compensation serves as a form of justice and a financial support safety net for the future of surviving family members.

Filing a Wrongful Death Lawsuit Before the Statute of Limitations

In California, wrongful death claims are subject to a statute of limitations, which specifies the period a victim has to submit a wrongful death claim after the crime occurred. A surviving spouse, children, or other family member has two years from the date of their loved one’s death to bring a claim, just as in other personal injury cases.

If you are late to the deadline, you and anybody else who may bring a wrongful death claim for your lost loved one lose their right to file wrongful death claims.

Preparing Your Wrongful Death Case

Wrongful death cases need to be prepared together with your wrongful death lawyers. It is up to the jury and judge to resolve wrongful death cases after they are presented in court. An excellent personal representative can present a compelling case with sufficient evidence to support your wrongful death suit. They must also have enough experience to make a convincing case for the amount of compensation they consider they have an entitlement to.

Damages Compensation Explained

When the court and jury determine that your loved one’s death resulted from negligence, they ensure that justice gets delivered when you seek compensation. While this does not bring the person back, it helps you cope with your sorrow and protect your finances after they die away.

Once judges in California agree that a person deserves compensation when wrongful death occurs, they must divide the compensation amount into two categories: economic and non-economic damages.

What Damages Can Include

Your financial or economic losses include financial assistance, gifts, perks, domestic services the deceased person would have supplied, medical bills, funeral expenses, and burial costs. The loss of their affection, friendship, protection, enjoyment of intimacy, and direction are non-economic losses. Experiencing the aftermath of a loved one’s tragic death may become a trying experience for anybody. However, there is an opportunity to get justice and come to terms with the loss and the responsible party or parties. Surviving spouses need the support of a knowledgeable and experienced lawyer to ensure they achieve the justice and compensation they deserve in wrongful death lawsuits.

Seek Justice by Scheduling a Free Consultation: Ehline Law Firm Can Settle Wrongful Death Claims

Ehline Law Firm has the knowledge and expertise to assist you with wrongful deaths. They understand that persons who were injured or lost a loved one due to someone else’s negligence deserve to be fairly compensated. We strive to achieve a favorable attorney-client relationship so that you trust us to handle your personal injury claim and prove wrongful death.

We can provide you with legal representation to recover compensation, whether you lost someone due to medical malpractice, motor vehicle accidents, criminal acts, or another wrongful act. We are the best in the business and will fight like crazy to help you obtain maximum compensation while providing swift, compassionate assistance. Call us today at (213) 596-9642 to schedule a free case review with a wrongful death lawyer.

What is Legal Self Defense Under California Law?

 

Wrongful Death Attorney Providing Civil Rights and Criminal Law Examples

In California, the self-defense statutes state that you have the right to defend yourself, a family member, and even another person from an aggressor. You have zero duty to retreat inside or outside your home (castle). No “stand-your-ground” law has so far passed legislative enactment in California. But with more leftist control of the state, look for this natural, civil right to be stripped from citizens.

Reasonable Force Is The Self Defense Theme

However, the existing legal norms provide a degree of protection for individuals defending themselves only under specific conditions. (Force used must be reasonably necessary to defend against something considered imminent.

As an aside, as we have seen during the billion-dollar-plus property damage caused during the recent BLM-inspired riots and the past Rodney King riots, POLICE HAVE ZERO DUTY TO PROTECT YOU! And Kenosha police certainly were not defending businesses during the Kenosha, Wisconsin riots that made AR15-toting Kyle Rittenhouse a public figure.

“Stand Your Ground” Laws, What Are They?

Under “stand-your-ground” laws in many states, people have the right to defend themselves or others if they reasonably believe there is a genuine risk of death or bodily harm.

To prevent serious danger, significant physical damage, or death, deadly force is regarded under California law as acceptable. Instead of retreating, a person can stand their ground and fight back. Some states, including California, allow the victim to pursue an attacker to force them out of the danger zone and protect others.

What Is California’s Castle Doctrine?

California recognizes additional presumptions of self-defense when defending your home under the Castle doctrine. In a way, imminent harm is presumed by the dastardly act of unlawful and forcible entry.

A claim of self-defense is always stronger when a reasonable person is faced with a threatening situation at their residence. If the victim has engaged and stopped their attacker with reasonable force intended to stop a successful home invasion, the defense of self-defense applies.

Your Home is Your “Castle”

Castle is a legal self-defense principle recognizing a resident’s right to use deadly force inside the protected, non-public areas of their home or other dwellings, even a motel room.

In a nutshell, when an intruder unlawfully forces entry into your residence, you are entitled to use reasonable force to stop your attackers in self-defense. As long as you have credible fear or apprehension, you’ll die. You can plead self-defense with a reputable presumption you or someone near you was in imminent danger.

Here is the law:

“Anyone using force likely to cause death or great bodily injury within their residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family.” (See California Penal Code Section 198.5)

If you kill your attackers inside or outside a dwelling, you can still plead self-defense in certain situations. But your freedom to defend exterior portions of a pad with a gun when a person forcibly enters those areas remains somewhat consulted and difficult.

Other People Have Legal Rights To Enter Public Parts of Your Property,

The difference with a yard or driveway threat is you are only entitled to a reputable presumption you acted in self-defense inside a non-public area inside your residence. This is because even though these areas are technically private property, there is an easement over public regions to deliver packages. (U.S. Postal Service, Amazon Prime, FedEx, DHL, etc.)

Also, meter maids and police have the right to enter these areas without a warrant to perform their official duties. So how does the old school, pro-self-defense American defend their yard, driveway, or sidewalk under the law?

Non-Public Area of California Residence Defined

The bottom line is a knowledgeable assailant can stalk you to determine where you live. The assailant may confront you while you’re walking home and chase you into your yard. Let’s say, for example; your husband runs outside into the unfenced driveway with his Taran Tactical (John Wick) Glock 21 loaded with hollow points.

The husband is technically in violation of openly carrying a firearm in public unless he can prove he was acting in defense of others or someone else was in imminent danger. (in the above example, the husband would be protecting the life of his spouse).

Typically, a non-public area is not considered your residence for purposes of California self-defense with gun laws, at least. (See also California Penal Code Section 25850) Section of Part 6 of the Penal Code is not instructive to define a public place either.

California Penal Code Section 17040 states: “As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850.”

It is instructive for you and your criminal defense attorney to look at other laws defining public places in California to help understand self-defense in the context of a private domicile.

Penal Code 20170 defines a public place in the context of imitation firearms, stating:

“(a) No person may openly display or expose any imitation firearm in a public place.

(b) As used in this section, “public place” means an area open to the public and includes any of the following:

(1) A street.

(2) A sidewalk.

(3) A bridge.

(4) An alley.

(5) A plaza.

(6) A park.

(7) A driveway.

(8) A front yard.

(9) A parking lot.

(10) An automobile, whether moving or not.

(11) A building open to the general public, including one that serves food or drink, or provides entertainment.

(12) A doorway or entrance to a building or dwelling.

(13) A public school.

(14) A public or private college or university.”

In the case of prostitution, a “public place” is a street or other public area.

Penal Code Section 653.20. “(b) “Public place” means an area open to the public, or an alley, plaza, park, driveway, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment, or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.”

To be safe, the phrase “public place” means a driveway or yard unless it’s fenced in. Even then, try opening carrying a gun in your fenced-in front yard and expected to be arrested for “brandishing” a firearm.

In summary, assume an unfenced sidewalk, parking lot, or area in front of your business or home is a public place for purposes of invoking the Castle Doctrine’s presumption of self-defense.

The Reasonable Person Is Attacked In A Private Place, Now What?

In the instance of a break-in, the resident may only use deadly force if they have a genuine concern (does not have to be in fear but might be afraid) that they or someone in their household will suffer serious bodily injury or death. This is called the “imminent danger” rule.

Second, the homeowner, renter, or even hotel room occupant must have a reasonable basis for believing a criminal unlawfully and forcefully provocatively entered their dwelling.

According to California case law, the imminent hazard must be addressed immediately. (See People v. Humphrey (1996) 13 Cal.4th 1073).

Do California Self-Defense Laws Allow Force to Defend Property?

Kind of. Aside from self-defense, under California law, the owner or person in charge of personal property is permitted to use any “reasonable force” necessary to protect their equipment from bodily harm. Furthermore, a person may use defensive force to safeguard their family member’s or guests’ belongings from theft or damage.

However, most retail stores, fearful of being charged by pro-victim prosecutors, allow criminals to snatch and grab. San Francisco has gotten so bad. Many merchants are relocating to more pro-gun, pro victims states like Texas, Nevada, Arizona, and New Mexico.

Reasonable Force?

A legitimate reason for using such force is to defend oneself or one’s property from unlawful damage. A reasonable person would believe the appropriate staff necessary to safeguard property from harm is “reasonable force.”

If the immediate use of force is required, such as when a female is unlawfully touched by a suspected rapist, who believed she’d be raped, she could claim self-defense when appropriate for the circumstances. But never rely on defense laws. Elected prosecutors in

California is actively releasing hardened criminals while vigorously prosecuting and filing unmeritorious cases anytime a gun is used in self-defense. If you want to be free from a progressive, anti-gun prosecutor, flee the state while you still can.

Can I Use Deadly Force To Defend My Property?

The use of deadly force to protect property is justified in the following situations:

  • To prevent someone from entering your home or business illegally to commit a felony by either force or surprise.
  • To defend a house or property from an invader attempting to gain entry violently to injure someone inside.

Can Deadly Force Be Used to Defend Yourself in Private and In Public?

Yes. California remains a “Stand Your Ground” and a “Castle Doctrine” state. Stand Your Ground refers to the legal principle that you have no duty to retreat if you wish to use self-defense.

In California, a person’s right to use deadly force or engage in violent action to protect oneself or others from harm is recognized as an affirmative defense to murder and voluntary manslaughter charges. This is the bedrock of self-defense law.

A person is considered to have acted and lawful self-defense if they reasonably believed that:

  • They are in imminent danger of suffering significant bodily injury or being killed.
  • The immediate use of deadly force was required to defend themselves against the danger.
  • The amount of force used was reasonably necessary to protect against that danger.

A real emergency (imminent danger) is defined as an existing and immediate danger. It may not be a prospect or even a danger that will occur shortly. Imminent risk must be addressed immediately — for example, having a gun put to your head, such as occurred to Kyle Rittenhouse as several violent felon BLM rioters were chasing him. As he tried to escape, he was struck in the head from behind with a skateboard by a recently released, violent felon.

Significant bodily injury refers to an injury that is severe or substantial enough to cause significant or significant damage. The Judicial Council of California Criminal Jury Instructions (CALCRIM) are provided by courts to criminal juries when a self-defense case comes before the court.

Here are some relevant CALCRIM sections related to great bodily harm when pleading self-defense as a justification for homicide used presently in the California criminal system.

CALCRIM No. 505. Justifiable Homicide in Self Defense or Defense of Another

In a lawful situation, a person who is charged with murder must be acquitted if they acted in good faith to defend themselves or another individual from the unlawful force. In the instance that the threatened harm was only verbal, as long as it was genuine and credible, no criminal jury instruction No. 505 indicates that someone would not be convicted of murder if they used deadly force.

The defendant should have had a reasonable belief that someone was at the property or they were in: “imminent danger of being killed or suffering great bodily injury.”

The defendant must also have believed that deadly force was required to prevent death or great bodily harm and that the amount of force used was no more than was necessary to avert danger when a threat exists.

According to the court, a feeling that they may be harmed in the future is insufficient to justify murder or attempted murder. In cases of mutual combat, you must show you withdrew from the right but were re-engaged and in imminent threat for your specific circumstances if you stop fighting.

CALCRIM No. 506. Justifiable Homicide in Defending Against Harm to Person Within Home or On Property

A defendant should not be convicted of murder or manslaughter if the killing or attempted killing happened in their own home and they had no intent to harm someone else, according to Criminal Jury Instruction No. 506.

As discussed previously, the defendant should have a reasonable belief they were defending their home against someone attempting to commit a “forcible and atrocious crime” (rape, sodomy, maiming, or robbery) or that the individual entering the house was attempting to present an imminent danger, triggering a self-defense scenario. Since the criminal was an immediate or present threat, you may act in self-defense.

The defendant must have believed that deadly force was necessary, that they were in imminent danger, and that the amount of force used was only appropriate to defend themselves.

According to this jury instruction, the accused party is not required to withdraw. Defendant has the right to defend themselves and others and, if necessary, pursue their attacker until bodily harm or death is no longer possible.

This applies even when you were the initial aggressor and wished to disengage from mutual combat but were forced to defend against that danger presented after you retreated. The idea is you made a reasonable, good-faith effort to disengage from the battle, but the threat exists unless the other person continues to punch and kick you, for example.

But no case exists in a vacuum. You’ll need evidence. That’s why it’s so important to consult with a member of the criminal bar. That way, they can have experts and investigators gather corroborating evidence, especially when a stab wound or shooting is being punished for political points by an overzealous, even Marxist-leaning, prosecutor who thinks you should “take your beating.” (Kyle Rittenhouse, prosecutor).

Fear of Future Harm is Never An Excuse to Kill or Shoot

Like instruction No. 505, the belief in future harm is not considered sufficient to justify murder or attempted murder.

Arguments For and Against No Retreat Self-Defense Laws

Imminent danger self-defense may sound like common sense. But many believe the progressive left wants to abolish the police and curtail our rights to defend women and children.

Republicans argue that because gun laws regulating self-defense are relatively few and foreign to the United States until the pre-1980s, California remains a hodgepodge of statutes. Some older laws and stare decisis honor the traditional right of self-defense.

But many Republicans fleeing this single-party state believe more progressive “woke” laws are coming, or as is normal, the mayor will order police to stand down when a violent crime is threatening you, your real or personal property.

Progressives argue that the rights of violent criminal felons are sacrosanct, and they should all be immediately registered to vote and given public housing assistance to live in a city near you or with you. Progressives also argue that any damage done by BLM rioters is a healthy public expression. Besides, the insurance company will cover any property damage.

Republicans counter that there is no insurance coverage in riot zones. Even if there were, many businesses could not afford to pay their insurance deductibles and increased premiums for being in a high-risk zip code. We all agree that defining a public place for the Castle Doctrine is unsettled self-defense law.

What Should You Do Now?

Are you facing criminal charges, suing for wrongful death, or being sued for defending against violent crimes? We know it’s hard not to think about everything you could lose. But you have control over your self-defense rights – and at Ehline Law, we’ll do everything in our power to protect your rights inside the civil and criminal justice system.

What Makes Us Different As Lawyers?

California law requires attorneys to be well-trained. But we go further. We are highly skilled legal representatives. We will make the correct argument to the judge based on your similar situation in appellate and established U.S. Supreme Court cases. We will discuss violence and acting in self-defense to prevent harm or imminent death.

We have successfully defended many clients in Los Angeles, central and Southern California. We have decades of combined experience as top personal injury litigators.

We will fight on your behalf and assert that self-defense was your only option in both deadly and non-deadly force cases. You might still have a chance even if you were the initial aggressor. If you are in need of legal advice, Ehline Law Firm can assist you.

It’s Not What You Think In Determining What Force Was Reasonable

Even if you think you used more force than necessary under state law, it’s important to see if you legally acted to defend real or imminent dangers when a forcible entry occurred. In other words, you were suddenly attacked, you’re not an expert like a Navy SEAL. You may have acted reasonably by engaging the attacker and resorting to what you think was excessive violence today. If someone raised their hand in violence to you or someone you love, the concept of drawn-out thought is out the window.

Contact Civil Rights Self-Defense Attorneys Today

You can’t compare a life or death situation with the one you have to ponder as to what’s proportionate or not. (If they threaten your life, you are excused from some norms if the jury believes what you did generally made sense) Either way. We’ll take a dedicated stand to exonerate you from the moment you hire us.

For more information, contact us immediately by dialing (213) 596-9642. Additionally, you can schedule a free consultation using our convenient only contact form to discuss forming an attorney-client relationship 24 hours a day, seven days per week, to discuss your legal issue. Tell us your story in confidence today.

Citations:

  • “Can I Run Over Rioters With My Car?”
  • “Can A Skateboard Be A Deadly Weapon Under California Law?”
  • “Can I Sue Police For Refusing to Protect Me?”
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Senior Abuse – Signs, Symptoms and Spotting Techniques

Forms of Elder Abuse – Exhaustive List

 

Abuse of older people is a problem that is growing. We don’t know why it happens or how to stop the spread of this kind of behavior. Below, our Los Angeles elderly abuse lawyers created an exhaustive list of elder abuse in its many forms.

For the list of the more common types, go here. One of the things that can be done is for the concerned person to know the warning signs. That way, if a possible problem exists, people can call for help. Our firm stands ready to service in any way needed. Contact us for more info today.


Physical Abuse Defined

The definition of physical abuse is the use of force, which can result in bodily injury, impairment, or physical pain. This damage can include acts of violence, such as hitting, slapping, pinching, and striking. This could be done with or without using an object.

For example, pushing, shoving, shaking, beating, kicking, and burning could be the method, not limited to using force. There can also be the inappropriate use of physical restraints, force-feeding, use of drugs, and any bodily punishment. All are also physical abuse.


What Are Some Physical Abuse Signs and Symptoms of Elder Abuse?

These are the most detailed results of physical abuse but are not limited to these signs or symptoms.

  • A report by an older adult of being mistreated, hit, slapped, or kicked.
  • Caregiver’s refusal to allow the older adult to be seen by visitors alone.
  • Sudden changes in the older adult’s behavior.
  • Physical signs of being subjected to punishment.
  • Signs of being restrained include bruising, lacerations, or red marks on the wrists and ankles. There may also be signs of a lack of proper circulation to the heels.
  • They have broken eyeglass frames.
  • Unexplained or frequent bruising, lacerations, and welts.
  • Sprains and dislocations.
  • Fractured bones, broken bones, and skull fractures.
  • Open wounds, cuts, and punctures.
  • Signs of untreated wounds in various stages of healing.
  • Rope burns.
  • Internal injuries and bleeding.
  • Underuse of prescribed drugs.
  • Laboratory findings of medication overdoses.

Sexual Abuse Of Dependents.

Sexual abuse is a form of physical abuse, which is the act of non-consensual contact with an elderly adult. This mistreatment can be sexual contact with anyone incapable of giving consent.

Sexual abuse and rape are not limited to unwanted touching. So this includes all types of sexual assault and battery, including rape, sodomy, sexually explicit photos, and coerced nudity.

Sexual Abuse Signs And Symptoms

In addition, signs include:

  • The report by an older adult of being sexually assaulted or raped.
  • Bruising around the breasts or genital area.
  • Stained, torn, or bloody underclothing.
  • Unexplained vaginal or anal bleeding.
  • Genital infections
  • Venereal disease

Emotional Or Psychological Abuse

The definition of emotional or psychological abuse is the infliction of pain, distress, or anguish by verbal or non-verbal acts. In addition, this type of abuse includes verbal assaults, insults, intimidation, humiliation, harassment, and threats. Secondly, there are no limits on the types of elder abuse.

Isolating an elderly person from their family or activities or giving them the “silent treatment.” These are all forms of forced social isolation. Hence, they are forms of emotional or psychological abuse. Threatening a senior is analogous to the abuse of an infant. After all, they depend on the healthcare provider or nursing home staff.


Emotional Or Psychological Abuse Signs And Symptoms

These are common signs and symptoms of emotional or psychological abuse but are not limited to these.

  • Reports by the older adult of being verbally or emotionally mistreated.
  • Extremely withdrawn behavior.
  • Non-communicative
  • Non-responsive
  • Unusual behavior, which could be attributed to signs of dementia, is not in reality, including rocking, sucking, and biting.

More Signs Of Elderly Neglect

Neglect can take several forms, generally refusing the elderly adult shelter, food, water, personal hygiene, personal safety, medicine, comfort, and other essentials, which are agreed upon or implied in the caretaker’s responsibility to an older adult.

Neglect can be the failure or refusal in any way of a person or staff member to assign duties to the older adult. It can also be a failure on the part of a person who has fiduciary roles.

So, it’s a failure to provide care for the older adult.

  • Part of eldercare means paying for necessary home care services or long-term care facility costs.
  • An in-home service provider’s failure to disburse funds for this care can be a failure. For example, you are giving the necessary attention.

What Are Some Signs and Symptoms of Neglect?

Furthermore, common signs include:

  • Reports of neglect by the elderly adult.
  • Dehydration
  • Malnutrition
  • Lack of personal hygiene.
  • Untreated or unattended health issues.
  • Untreated bedsores and other wounds.
  • Unsafe living conditions. Hazardous living conditions can also include no running water, no heat, and improper wiring.
  • Unsanitary or unclean living conditions. Likewise, this filthy life can include dirty living conditions, urine/ fecal odor, inadequate clothing or soiled clothing, soiled bedding, fleas, and lice.

What Is Abandonment?

The definition of elderly abandonment abuse is the desertion of an older adult by the individual who has assumed the responsibility of caring for them or by an individual who has physical custody of the older adult.

Abandonment – Signs, And Symptoms?

The signs and symptoms of abandonment can include the following but are not limited to:

  • A report by an older adult of abandonment
  • Despondency
  • Bedsores
  • Fear of hands
  • There are many more signs here.

Desertion of an older adult at any of the following:

  • Shopping centers
  • Public locations
  • Hospitals
  • Nursing facilities
  • Long-term healthcare facilities
  • The abandonment of elderly adults in other places

Financial Or Material Exploitation?

Financial or material exploitation is the improper or illegal use of a senior’s funds, assets, or property by another. This abuse can include cashing the older adult’s checks without permission or authorization, forging their signature, or stealing or misusing their possessions or money.

Deceiving or coercing an older adult to sign documents, contracts, or wills is part of it. However, it can also be the improper use of guardianship, power of attorney, or conservatorship. Seniors in exceptional homes often do not realize the issue. They usually do not know it until it is too late. A steady eye prevents many of these serious concerns. Children or grandchildren play a vital role in preventing these issues.


Signs And Symptoms Of Financial Or Material Exploitation?

These are common signs and symptoms of financial or material exploitation of an older adult. Not limited to:

  • A person is reporting strange financial transactions. This includes bank statements.
  • Unnecessary and costly transactions. These include large purchases.
  • Unpaid bills, even when there is adequate availability of financial resources.
  • Relatives or strangers not involved in care declaring their rights to the property.
  • People are adding themselves to bank cards.
  • Sudden changes in banking practices or bank accounts can mean an individual withdraws large sums of money, which may be accompanied by an elderly adult.
  • Sudden transfers of assets to a family member or someone who is not related to the elderly adult.
  • Sudden changes in financial documents or wills.
  • Forgery of the older adult’s signature for financial transactions or titles of their possessions.
  • Withdrawals using the older adult’s ATM cards to remove their funds.
  • The unexplained disappearance of funds or possessions.

Self Neglect

This self-inflicted harm can occur and is not easily spotted unless the care provider is on their game. This insecurity occurs when an older adult’s behavior threatens their safety. This insecurity typically happens with an older adult who refuses or fails to provide themselves with shelter, adequate food, water, and clothing. Often, personal hygiene or prescribed medications, as well as practicing safety precautions, are at risk.

Self-neglect does not include situations where the older adult is mentally competent. This means that they must have complete faculty for their decisions. This is a conscious or voluntary decision to act in a way that could threaten their health or safety and is a choice. So, it means they know rather than are unaware of the results.

What Are Some Signs and Symptoms of Self Neglect?

In addition, common signs of self-neglect often include, but are not limited to:

  • Malnutrition
  • Dehydration
  • Improper or untreated medical conditions.
  • Lack of proper personal hygiene.
  • I am living in unclean or unsanitary conditions. These conditions can include insects, urine or fecal odor, a non-working toilet, and animal waste.
  • Unsafe living conditions. This includes having no running water, indoor plumbing, heat, or improper wiring.
  • They were living in unfit housing.
  • It is being homeless.

Contact Us

Above are the many signs and symptoms of elder abuse and neglect. Furthermore, if you have seen this in a person under care or elderly, do the right thing. Report this to law enforcement and help the victim get an elder abuse attorney. Root out the problem at its source. Contact the police as soon as you can.

Our attorneys care about each of our clients. The firm’s head is Michael Ehline. Ehline is a former Marine who is angered at the thought of our elders’ abuse. We answer the phone day and night. Our firm also comes to you wherever you are. We offer a free, no-pressure visit. Our decades of experience are on full display. See why our former clients trust us so much. In summary, contact us for more information.

Other Sources:

https://nyceac.com/elder-justice-dispatch-a-round-up-of-elder-justice-news-january-2013/