Grand Junction, CO asked in Criminal Law for Colorado

Q: As HOME OWNER what rights do i have against an invader

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1 Lawyer Answer
Mr.  H. Michael Steinberg
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Answered
  • Criminal Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: Your case mady be governed by Colorado's "Make My Day Law."

Here is the law -- it is self explanatory

18-1-704.5 Use of Physical Force Against an Intruder

(Colorado's "Make My Day" law)

(1) The general assembly hereby recognizes that 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 force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable believe that the 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 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 civil liability for injuries or death resulting from the use of such force.

Good Luck!

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