Friend walked in on a burglary.

[funkymonkey1111]

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.
-

That's some great armchair lawyering, Jim. Of course, 18-1-705 talks about defense of a premises, which is not what we're talking about here. We're talking about being confronted by two intruders inside your home, which is governed by 18-1-704.5.

[JM Ver. 2.0]

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

Cameron

You can call me all the names you want now. But when you come through the back door or the jail on murder charges, I expect to be called "sir".



Oh, and good try on baiting me into doing something stupid resulting in a ban. Sorry it didn't work, bro.

Sent from my teepee using smoke signals.

[UrbanWolf]

right on point there-- a fight outside a home in a common area of a neighborhood. Here, we're talking about two folks inside a man's home.

Still that doesnt stop from the families suing him.

[JM Ver. 2.0]

That's some great armchair lawyering, Jim. Of course, 18-1-705 talks about defense of a premises, which is not what we're talking about here. We're talking about being confronted by two intruders inside your home, which is governed by 18-1-704.5.

The point is, there would have never been a confrontation if he would have done the right thing and waited for the police.

I'm done now. I'll watch from the sidelines and giggle to myself now.

Sent from my teepee using smoke signals.

[JM Ver. 2.0]

Do you have ANY case where someone entered their own home confronted a criminal committing a crime, killed them and is now doing life?

Cameron

:: sigh ::



Sent from my teepee using smoke signals.

[BushMasterBoy]

If I shot them, I wouldn't say shit to the police. I'd want a lawyer representing me, before I talk to any DA, cop, deputy etc. Been through this crap before, cops and DA count their success by the number of "criminals" they convict...anything anybody says to the contrary is just plain naïve!

[JM Ver. 2.0]

If I shot them, I wouldn't say shit to the police. I'd want a lawyer representing me, before I talk to any DA, cop, deputy etc. Been through this crap before, cops and DA count their success by the number of "criminals" they convict...anything anybody says to the contrary is just plain naïve!

I had something to say but it's not the best thing.

I'll just say not all DAs are out for blood. Some actually care about the right person going to jail.


Didn't I say I was done? Done now.

Sent from my teepee using smoke signals.

[brutal]

I think some of you need to understand the term "Occupant."

You also cannot provoke the intruder's threat of deadly force. By entering the home knowing there are intruders, you are provoking the intruder.

You can make up all the shit you want but if someone determined you entered the home AFTER the intrusion, you're fucked.

[JM Ver. 2.0]

I think some of you need to understand the term "Occupant."

You also cannot provoke the intruder's threat of deadly force. By entering the home knowing there are intruders, you are provoking the intruder.

You can make up all the shit you want but if someone determined you entered the home AFTER the intrusion, you're fucked.

I think someone said that a few posts ago...

Sent from my teepee using smoke signals.

[brutal]

I think someone said that a few posts ago...

Sent from my teepee using smoke signals.

Yea, catching up and switching from tapatalk to a 'puter. I also felt it necessary to clarify, in my own words, MY understanding of the law.