You are here : Course Material ... Colorado Make My Day Law
 

Make My Day*

This law authorizes the occupant of a dwelling (such as a home) to use deadly
physical force against an intruder. But hold on Hoss, only if all of the following
factors exist:

  1. The intruder UNLAWFULLY entered the dwelling.

  2. The occupant of the dwelling has reasonable belief that the intruder has
    committed a CRIME OTHER THAN UNLAWFUL ENTRY, or is committing or intends to commit a crime against a person or property IN ADDITION TO THE UNINVITED ENTRY; and,

  3. The occupant REASONABLY BELIEVES THAT THE INTRUDER MIGHT USE
    ANY PHYSICAL FORCE, no matter how slight, against the occupant.

  • All three of the above conditions must exist in order to avoid liability under this statute. Two of the three is not likely good enough to offer you legal protection.
     
  • The key understanding and difference from general rules for deadly physical defense is that "any physical force, no matter how "slight," on the part of the criminal can warrant deadly physical defense IF the other two criteria also exist.

In summary, a criminal that commits these three crimes does not have to be a
threat of physical deadly harm to you, the occupant, to warrant you using physical deadly defense in your residence. No Golden Rule with Make My Day.


*High Caliber Defense, LLC does not have instructors licensed to practice law in any jurisdiction. Any
references and explanations of statutes in our instruction are
intended as an introduction of general
concepts that apply to concealed carry. Be aware that merely reading the statutes will not provide you
with the case law
interpretations. While case law is available for your reference at your county
law library, you may eventually wish to invest in a consultation with an attorney for specifics in
your
jurisdiction, including the current mood of the courts. The general principles presented here may not
correspond to the statutes where you live and travel.
Any legal concepts addressed on this site must
be interpreted with this caveat, including the formulated scenarios.

 
Situations To Consider

Just to help you understand some misconceptions about the COLORADO MAKE MY DAY LAW consider these situations:

You SHOULD NOT shoot an intruder you find in your house going through your valuables.

You SHOULD NOT shoot an intruder who is clearly intoxicated and has broken into your house with the belief that it is his residence.

You SHOULD NOT shoot an intruder you find in your house who is found carrying your new plasma TV out your front door.

You SHOULD NOT shoot an intruder that has already robbed your house and is running across your yard to a waiting vehicle to get away.

You SHOULD NOT shoot at a vehicle that is fleeing the scene and poses no threat to you.

You SHOULD NOT shoot an intruder in the back whom you believe just robbed your house and is already outside the door and then drag them back into the house for the police to find.

You CAN shoot an intruder who pushes you out of the way as they attempt to walk down the hallway of your residence with a bag of your jewelry.

As one prominent defense attorney in Colorado once lectured, "This law can pose more potential pitfalls than protection."

 
 
 
Best Protection

As we explained earlier, concealed carry is not intended for us to enforce the law. Police enforce the law. Our Second Amendment allows that we may defend ourselves when we suspect deadly physical harm is imminent to us or our loved ones. Unlike law officers, we cannot initiate aggression and will not have legal support in these cases.

  • Concealed carry civilians are expected to stay out of conflicts, not be aggressors, escape or exit from potentially violent situations and not pursue criminals unless they pose a threat to ourselves.
  • Our cell phone and a call to 911 is meant to help others we believe are being wronged.
  • Step into a store if you are being followed.
  • Walk away or leave in your automobile if someone wishes to argue or have a conflict with you.
  • Stay away from known crime areas.
  • Be fully aware of your surroundings and avoid walking in public with your eyes staring at the ground.

 

Carrying a concealed firearm is like owning a life insurance policy. You want the best coverage possible and hope that you never have to use it.

 

 
The Court Systems

Criminal and Civil Proceedings:

•  After a shooting it is possible to be prosecuted by the law if there is evidence you have broken state or federal statutes (criminal law).

•  Or, regardless of whether you broke a law, you can be
sued for damages you have caused to a victim or their family
(civil law).

 
   

 

High Caliber Defense, LLC

support@highcaliberdefense.com

 

Copyright 2011 by High Caliber Defense, LLC Terms of Use   |   Privacy Statement