Also known as: Pen. Code § 197 · PC 197 · Penal Code §197 · justifiable homicide · self-defense justification
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A statutory rule specifying the circumstances under which homicide is justifiable. It authorizes the use of deadly force when resisting an attempt to murder any person or to commit a felony or when defending habitation, property, or person against one who manifestly intends by violence or surprise to commit a felony.
Pedro Pacheco confronted an intruder who had broken into his garage and was attempting to steal tools while wielding a crowbar. When the intruder advanced on Pedro and raised the crowbar, Pedro fired his handgun once, killing the intruder. The killing qualifies as justifiable under the statute because Pedro used deadly force to resist an attempt to commit a felony involving great bodily injury.
Pamela Phillips awoke to find an armed stranger forcing entry through her bedroom window at night. Believing the intruder intended to commit a violent felony, she fired her registered handgun and killed the intruder. The statute renders the homicide justifiable because Pamela acted in defense of her habitation against a person who manifestly intended by violence to commit a felony.
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The statute does not impose a retreat requirement when the homicide occurs in defense of habitation against one who manifestly intends by violence or surprise to commit a felony. The provision focuses on the attacker's manifest intent rather than the defender's opportunity to retreat.
Supporting sources
The statute requires that the attacker manifestly intend or endeavor by violence or surprise to commit a felony. An honest but unreasonable belief that such an intent exists does not satisfy the statutory language, though some jurisdictions separately recognize imperfect self-defense that reduces murder to voluntary manslaughter.
Supporting sources
No. When a person knows that force is being used by a possessor of property under a claim of right, the statute does not authorize the use of force in response. Disputes over possession must be resolved through legal process rather than self-help violence.
Supporting sources
…for self-defense (i.e., that the firearm may be operated under circumstances where the common law would normally permit a self-defense justification in defense against a criminal charge). See Parker v. District of Columbia , 478 F. 3d 370, 401 (2007) (case below); ante , at 57–58 (opinion of the Court); Brief for Respondent 52–54. The…