Colorado Self Defense Law
According to the Colorado Revised Statutes in Title 18 of the Criminal Code, it is recognized that a Colorado citizen has the right to expect safety within their homes. This law, called the "Make My Day" Law, states that an individual is allowed to use any degree of physical force against an unlawful intruder in their dwelling, if he believes a crime has been committed or is going to be committed. This includes physical violence or crimes against property.
-
Immune from Prosecution
-
According to this code, if you use force to defend yourself, other occupants or your property from an intruder in your home, you will be immune from prosecution. You also will be immune from any civil liabilities for injuries or death that result from using force.
Outside the Home
-
A person living in Colorado is also legally justified when using physical force on someone else outside of a dwelling, if he needs to defend himself or another person from an attacker. In this instance, he can only use the amount of force that he reasonably believes is necessary for self protection.
-
Reasonable Belief
-
If a Colorado citizen uses enough force to cause death outside of her dwelling, she will need to show that she had a reasonable belief that she or someone else was in imminent danger of serious bodily injury or death.
Other Instances of Possible Justified Deadly Force
-
There are other instances that may justify deadly physical force but will need to be legally established. These include situations such as, attempting to repel a burglar in a dwelling or business establishment, fighting off a possible kidnapper and when defending self against an assault, including rape. A Colorado resident also has the right to kill in defense of another, if the force used is necessary to repel the force of the aggressor.
Warning to Business Owners
-
A House Bill (1094) that would have allowed businesses the same leeway as residences in using any level of force to repel crime and unlawful entry without prosecution or civil liabilities, was defeated in March of 2010. Therefore, the prior rule of justifiable force remains in effect for businesses.
-
References
- Photo Credit Kickboxing 13 image by Alfredo Panini from Fotolia.com