STOCKTON, CALIFORNIA – A Christmas day dispute between neighbors escalated into a man being shot by a woman after he assaulted her in her home. The Stockton Police Department said the incident occurred in the 1700 block of Quail Lakes Drive just before 2:45 p.m.
According to authorities, a 29-year-old woman was confronted by a 32-year-man and the two were involved in a heated argument. The man then forced his way into her home and began to physically assault her and her family members. The woman shot the man, sending him to the hospital with what police called a none-life-threatening gunshot wound.
The SPD has handed over the case to the San Joaquin County District Attorney’s Office for review. The identities of the parties involved were not released, nor was any information regarding potential criminal charges.
While California is widely viewed as a state that is not gun-friendly, the state does follow the legal principal referred to as the Castle Doctrine, which means that a resident has no duty to retreat if confronted inside their home, and they have the right to use force against home intruders.
There is a legal presumption which means that the burden of proof is on the prosecutor in criminal cases. In order to find a homeowner guilty of any crime related to a use of force against an intruder in the home, the prosecution must prove that the resident did not have a reasonable fear of imminent peril of death when asserting a use of force against an intruder. The law is based on the fact that the very act of forcible entry entails a threat to the life of the resident(s).