January 31, 2012

A burglar got more than he bargained for over the weekend in Washington after breaking into the apartment of a boxer. Colton Vaughn woke up in the middle of the night to get a glass of water. That is when he discovered the sliding glass door of their apartment wide open.

As he investigated, he was attacked by a man in a ski mask. That’s when Vaughn’s boxing training kicked in. According to Vaughn, he landed six or seven blows to the assailant while shouting to his brother (who is his roommate) for help. The burglar quickly realized he was out gunned and made a break for the patio, but not before Vaughn caught up with him and gave him a boost over the railing, tossing him from the third story balcony.

Unfortunately, the burglar managed to regain his senses and got away. In California, residential burglary is considered a strike offense and carries a sentence up to 6 years in prison. The State only needs to prove that you entered a residence with the intention of stealing or committing another felony. They don’t need to prove that you succeeded in stealing anything.

As for Vaughn, the law also states that he has the right to use reasonable force to defend himself and those in the residence if he has a reasonable fear for his safety or the safety of others. In this case, using the burglar’s face as a speed bag and then tossing him off the third story balcony will most likely be seen as justified, and he won’t have to worry about assault charges if the criminal is ever caught.

Author

Author: Matthew Wallin

Matthew B. Wallin is an experienced and knowledgeable attorney at Wallin & Klarich. He approaches each case as an opportunity to help an individual at a time when they need it most and understands that he is the one they have turned to for help.   Mr. Wallin has represented hundreds of our clients in cases involving DUI and DMV hearings, domestic violence, assault and battery, drug crimes, misdemeanors and serious felonies. With extensive experience handling DUI cases, Mr. Wallin is one of the premiere DUI defense attorney in Southern California.

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