Friend walked in on a burglary.

[JM Ver. 2.0]

It's quite simple--they were in his house. Please show me where there's an exception for defending yourself in your house because you weren't there when someone entered it, because I'd really like to see that. Please, not some internet BS, but actual legal authority in Colorado that precludes personal defense in your home because you were not there when someone broke into your home.

You're not going to win this... I'd give up now.

Sent from my teepee using smoke signals.

[funkymonkey1111]

You're not going to win this... I'd give up now.

Sent from my teepee using smoke signals.

It's not about me "winning" anything. The law is clear, and it is simple. For those that don't know:

§ 18-1-704.5. 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.

[UrbanWolf]

Tell him to add a fire sprinkler system soon, I fear next time it's not gonna B&E but arson.

[brutal]

It's quite simple--they were in his house. Please show me where there's an exception for defending yourself in your house because you weren't there when someone entered it, because I'd really like to see that. Please, not some internet BS, but actual legal authority in Colorado that precludes personal defense in your home because you were not there when someone broke into your home.

I've got better things to do at the moment than try to convince you you're wrong on this. My wings are getting cold and my beer is getting warm.


Sent from my XT907 using Tapatalk 2

[Great-Kazoo]

You're not going to win this... I'd give up now.

Sent from my teepee using smoke signals.

And he's not going to give up defending his position either. WE know he's incorrect, why waste time or energy.
The owner DID not believe he was in imminent DANGER.
IF KEY WORD IF he felt there was a potential THREAT / Imminent Danger to him. He should have never entered the House. Any prosecutor would have a field day with this.


18-1-704.5. Use of deadly physical force against an intruder/ Make My Day Law
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
-
705

Use

Of

Physical

Force

In

Defense

Of

Premises

A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises
. However, he may use deadly force only in defense of himself or another as described in section 18

Use Of Physical Force In Defense Of Property

A person is justified in using reasonably 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

Again he did not feel there was an Imminent Threat to himself.
-

[JM Ver. 2.0]

It's not about me "winning" anything. The law is clear, and it is simple. For those that don't know:

§ 18-1-704.5. Use of deadly physical force against an intruder

You also can't put yourself in a situation where deadly force could be used.

The argument would be that he knew people were in there and he put himself in the situation. He shouldn't have even entered the house to be honest. He should have waited for the police.

The person in this story did a few stupid things.

1. Entered the house.
2. Drew down on them.
3. Didn't press charges.

Only smart thing he did is not shoot them.

He's probably going to be sued, and sadly, probably going to lose.

Sent from my teepee using smoke signals.

[Cameron]

They are certainly lucky it was his house and not mine.

[JM Ver. 2.0]

They are certainly lucky it was his house and not mine.

And so are you.


What do you people not get? You'd spend life in prison if you shot them.

You're all starting to scare me.

Sent from my teepee using smoke signals.

[Cameron]

And so are you.


What do you people not get? You'd spend life in prison if you shot them.

No you wouldn't, and you are a twit.

Cameron

[UrbanWolf]

No you wouldn't, and you are a twit.

Cameron

What about George Zimmerman?