A California couple is detailing the terrifying turn of events when a tow truck tried to tow them while driving through downtown San Francisco earlier this week.
He’s not stealing the car. That would merely be a property crime, and you can’t use lethal force in defense of property. (You can use less than lethal force, though, and if the attacker escalates from property crime to crime of violence, additional force would be justified.)
No, because the car is occupied, it’s not a property crime, but a crime of violence. And again, in many states, Castle Doctrine extends to one’s occupied vehicle as well as their home: any deliberate attack on the occupied car is presumed to be a violent attack on the occupants.
Is there a example case where someone shot a tow truck guy for stealing the car?
He’s not stealing the car. That would merely be a property crime, and you can’t use lethal force in defense of property. (You can use less than lethal force, though, and if the attacker escalates from property crime to crime of violence, additional force would be justified.)
No, because the car is occupied, it’s not a property crime, but a crime of violence. And again, in many states, Castle Doctrine extends to one’s occupied vehicle as well as their home: any deliberate attack on the occupied car is presumed to be a violent attack on the occupants.
When you frame it as kidnapping its definitely true, but the question is if the court sees it like that.
This is Cali, all bets are off.