The law as it related to use of force by citizens for self defense and defense of property:
TITLE 18. CRIMINAL CODE
ARTICLE 1.PROVISIONS APPLICABLE TO OFFENSES GENERALLY
PART 7. JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY
C.R.S. 18-1-704 (2011)
Originally Posted by CRS18-1-704.5. Use of deadly physical force against an intruder
(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.18-1-706. Use of physical force in defense of property
A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18-1-704.
Thanks, Jim
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Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "undocumented pharmacist"
It might make sense on paper but how much sense does allowing someone to use their gun only after they have been knocked out? It makes none.
Thats why Florida modified their law to "stand your ground". Essentially making it legal to protect yourself with deadly force without having to be assaulted first. Meaning if a group of guys with bats are walking towards you, you do not have to wait for them to beat the shit out of you before you can brandish your weapon and use it legally.
Thanks for this!
How I read it (and its all up for interpretation), you would be allowed to defend yourself with deadly force if, while defending your property, you felt that you were in imminent danger of being killed or of receiving great bodily injury AND you felt you could not "win" the altercation with a lesser form of physical force.
YES/NO?
Fuck it.... just shoot everybody.Don't you think there would be a point in our evolution where we put the guns aside???
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Thanks, Jim
TFOG Wheelsports, LLC
www.tfogracing.com
303-216-2400
Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "undocumented pharmacist"
That's why I openly post here and identify myself, hoping it can do 3 things. Educate you all on the actual application of laws, give an insight into why we do what we do, and try to improve our reputation.
I understand, it's just a touchy subject for a few reasons.
There is no way you, a cop, or anyone, could ever convince a jury that an unarmed (Or at least hands visible) male walking toward you against your orders poses an imminent deadly threat. Does he pose a threat authorizing some legal force? Absolutely. But deadly? Clearly not.
In all of those cases, there is much more to it than you ever hear about. It was 2am, the Officer was alone, the subject was clearly intoxicated, the call stated he was armed, and the Officer more than likely tried another means of force prior to firing. One of our more recent shootings involved an Officer knocking on a door, the occupant answering with a gun, and the Officer firing. Sounds pretty bad right? Well once you account for everything else, it became obviously justified, if not provoked.
Exactly what I'm saying. Just like at work I can't just kill people who refuse to follow my verbal commands, I have to escalate force accordingly. Presence, verbal commands, controlling holds, take-down maneuvers, physical force/taser/OC, and deadly force.
I agree with you about the law protecting the criminal. Believe me, it's extremely dis-heartening at times. But that's America. The criminal is still a person, still has rights accordingly, and is presumed innocent.
There's a difference between one unarmed guy and a bunch of guys with bats. A bunch of guys with bats? They won't get within 20 feet of me before I open fire. I'm not going to talk Florida law, I don't know it and it does not apply. I also try not to express my opinion on CO law, because it doesn't matter. I can't have an opinion on the law while I'm working, I have to follow what it says (With discretion of course).
I would agree with that, but add the bolded words. Because at the end of the day, a jury is not going to find a 100lb guy with a plastic force presented a deadly threat.How I read it (and its all up for interpretation), you would be allowed to defend yourself with deadly force if, while defending your property, you reasonably felt that you were in imminent danger of being killed or of receiving great bodily injury AND you reasonably felt you could not "win" the altercation with a lesser form of physical force.
YES/NO?
Like every other case, none of us even have half the details, but the way I read it it clearly falls within the "Make my Day" and the homeowner didn't even have to order her to leave. Speaking of, I handled an almost identical incident a month or so ago (Minus the homicide part of course). Drunk girl thought the house was her's, walked in and made herself at home. Hello felony.
Last edited by Aaron; Tue May 29th, 2012 at 09:10 PM.