Colorado vs a "Stand Your Ground" state?

A generic, hypothetical scenario...

Your family goes down to the "Light the Lights" ceremony at the Civic Center. While walking back to your car parked SE of the Capitol Building, two thugs (one with a knife, one with a small pistol) confront you and demand your wallet, purse, phones, wedding rings, etc. The gun thug grabs your young teenage daughter, and says maybe we'll shoot you and take her too. As she begins screaming and fighting, you use the distraction to draw your CCW and double tap gun thug COM, dropping him instantly, with knife thug turning tail and running away.

With Colorado NOT being a codified "Strand Your Ground" state, what would be different in the aftermath versus, say Florida or Texas?

Your thoughts..

If you were legitimately in fear for your life it would be a righteous shoot. "Stand your ground" has nothing to do with it - there's no duty to retreat in Colorado AFAIK.

EDITED TO ADD: At the moment you shot him. the perpetrator had the ability, opportunity and manifested intent to cause death or serious bodily injury to you, therefore you are allowed to defend yourself with deadly force. "stand your ground" does not need to be spelled out under such circumstances.

That's lawyer type stuff there, brother. My thoughts.

Kinda detailed though, you read or hear about this somewhere?

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Originally Posted by Otterbatcat

Kinda detailed though, you read or hear about this somewhere?

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Nope, just a scenario I devised for this thread as a plausible defensive encounter.

There was no mention of prior contact so once the assailant touches your daughter, it is an immediate threat that could result in bodily injury or death; there is no where to retreat so it is a justifiable shooting in Colorado but it will cost you time and money regardless. However, If this situation started by these guys yelling something from a distance, and then you confronted them resulting in the confrontation you described, you could be in trouble. In Colorado, your actions leading up to shots fired could be taken into consideration. If you have an opportunity to retreat, and don't take it; you could be in trouble. You better have your ducks in a row as to why you were in a situation necessitating the need for deadly force, or you could be facing charges; from what I understand, Colorado can be a legal shit storm if you use deadly force (like anything depends on jurisdiction).

Two to the chest, one to the head.

Two criteria need to be met in CO prior to using deadly force:

1) You must have a reasonable belief you or an innocent third person is in imminent danger of suffering death or SBI,

AND

2) You must have a reasonable belief that a lesser degree of force will be inadequate to protect you or the innocent third person.

Stand your ground doesn't apply in CO. If you have a legal right to be somewhere, you don't have to leave if confronted by bad guys. That's not to say that retreat isn't a perfectly valid option...it is. If you have the option to leave, then unass the area ASAP.

The next thing you need to remember after you whack the bad guy is what to say when the police show up:

1) "Officer, I thought he (or she, or they, etc...) was going to kill me."

2) "I want him arrested." (good to say even if the bad guy is ART...may help to show you didn't mean to kill and you didn't know you had killed)

3) "Officer, I want to cooperate fully with your investigation but I want to do so with the assistance of my attorney (or with my attorney present)."

Of course, you'll need to make these statements specific to the incident...but just a good guideline.

Quote:

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Originally Posted by Bailey Guns

Two criteria need to be met in CO prior to using deadly force:

1) You must have a reasonable belief you or an innocent third person is in imminent danger of suffering death or SBI,

AND

2) You must have a reasonable belief that a lesser degree of force will be inadequate to protect you or the innocent third person.

Stand your ground doesn't apply in CO. If you have a legal right to be somewhere, you don't have to leave if confronted by bad guys. That's not to say that retreat isn't a perfectly valid option...it is. If you have the option to leave, then unass the area ASAP.

The next thing you need to remember after you whack the bad guy is what to say when the police show up:

1) "Officer, I thought he (or she, or they, etc...) was going to kill me."

2) "I want him arrested." (good to say even if the bad guy is ART...may help to show you didn't mean to kill and you didn't know you had killed)

3) "Officer, I want to cooperate fully with your investigation but I want to do so with the assistance of my attorney (or with my attorney present)."

Of course, you'll need to make these statements specific to the incident...but just a good guideline.

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I think it would be more humorous to say all those statements in rapid succession as soon as the police show up without them even saying anything.

attorney, attorney, attorney Not necessarily in that order.


IF you read Kevdens & Bailey's post you have your answer. I also suggest you reread CRS reagarding Use of Deadly force. THEN consult an attorney

Quote:

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Originally Posted by Bailey Guns

Two criteria need to be met in CO prior to using deadly force:

1) You must have a reasonable belief you or an innocent third person is in imminent danger of suffering death or SBI,

AND

2) You must have a reasonable belief that a lesser degree of force will be inadequate to protect you or the innocent third person.

Stand your ground doesn't apply in CO. If you have a legal right to be somewhere, you don't have to leave if confronted by bad guys. That's not to say that retreat isn't a perfectly valid option...it is. If you have the option to leave, then unass the area ASAP.

The next thing you need to remember after you whack the bad guy is what to say when the police show up:

1) "Officer, I thought he (or she, or they, etc...) was going to kill me."

2) "I want him arrested." (good to say even if the bad guy is ART...may help to show you didn't mean to kill and you didn't know you had killed)

3) "Officer, I want to cooperate fully with your investigation but I want to do so with the assistance of my attorney (or with my attorney present)."

Of course, you'll need to make these statements specific to the incident...but just a good guideline.

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^^^THIS

There is a GOOD reason you have Miranda rights....

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You have the right to remain silent.
Anything you say can and WILL BE USED AGAINST YOU in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

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Use your rights, do not say ANYTHING to anyone until you have an attorney present.
Law enforcement is NOT on scene to be your friend.

Neither is the 911 call taker.....be careful of words chosen during that call as well.

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Originally Posted by Otterbatcat

Neither is the 911 call taker.....be careful of words chosen during that call as well.

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You know it.

One other item to try doing.

SHUT UP, AND NEVER POST ON LINE WHAT HAPPENED. EVER. Unless you feel the need to inform people what happened, how to avoid any post self defense could have , should have's.

AFTER your lawyer says it's ok to.

Quote:

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Originally Posted by Otterbatcat

Neither is the 911 call taker.....be careful of words chosen during that call as well.

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Excellent point. As a good friend, and former local PD officer, said "call 911 tell them there has been a shooting at (specific location) and then hang up."

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