Comparing the "Stand Your Ground Law" to "Make My Day Law". Instead, the attorney is looking for the observations that led the defendant to that conclusion. G., § 13-411(B) (2000). They affect the ability of law-abiding citizens who lawfully own and carry defensive weapons to protect themselves, loved ones, and their community.
Self-defense is a legal defense against a criminal accusation. G., Renner, 912 S. 2d at 704. The key to reasonable belief is showing apparent necessity, as opposed to proving that you were correct beyond all measures. Your state may have similar laws that may be referred to as something else, such as the stand your ground law or no duty to retreat law.
Because neither our statutes nor our caselaw requires us to conclude that a trespasser must in every instance retreat to a position of no escape before using physical force in self-defense, we cannot agree with the position urged by the People. Thus, under section 18-1-704(2), a person who faces one of the factual circumstances set forth in 704(2)(a)-(c) and who reasonably believes that a lesser amount of force is inadequate is entitled to use deadly force in self-defense. Unlike the "Make My Day" law, the "Stand Your Ground" law also applies outside of your home. Here in Colorado, homeowners deserve the right to feel safe in their homes and to protect their family and property when someone threatens them. The prosecutor argued that Toler was the initial aggressor and therefore not entitled to claim self-defense. Ability means the aggressor has the capacity to kill or seriously injure the defender. E., "initial aggressors"who must retreat before employing physical force in self-defense. 6 What if you agreed to fight? See § 18-1-705, 6 C. [13] Furthermore, the occupant *353 of a dwelling may lawfully use physical force, including deadly force, against trespassers in certain situations. Under the statute, fists can qualify as weapons against which you are defending yourself or other occupants of your home. An 'occupant' could be anyone lawfully in a structure, including Airbnbs, house guests, and tenants. Stand Your Ground can be a defense for people who are trespassing on someone else's property.
"8 The attorney may need to explain to the jury the differences between anticipated stimulus and simple reflexive response; unanticipated stimulus and simple reflexive response; and unanticipated stimulus and complex response. Can I Get Sued For Shooting An Intruder? People v. Hess, 687 P. 2d 443 (Colo. 1984). As you can see, Stand Your Ground and Make My Day are complex laws that need an expert's attention. An untrained aggressor with a handgun in his waistband can draw the handgun, bring it to eye level, and fire in one-tenth of a second. You can use physical force when you believe it will protect you from imminent danger and you use the degree of force that matches the type of situation you are in. Self-defense trainers call this "the reaction gap. The medical examiner can testify about his or her findings and the general characteristics of contact, near contact, intermediate range, and distant gunshot wounds. If the jury determined that Toler was the initial aggressor as the prosecution argued, then, since there was no evidence that Toler withdrew from the encounter with Martinez or communicated his intent to withdraw from the encounter, Toler would not have been entitled to claim self-defense. We first review the two major common law trends governing the privilege to use deadly force in self-defense: the "retreat *347 to the wall" doctrine and the "no duty to retreat" doctrine. As Toler, Baca, and Sanchez walked away from the Tracker with the stereo, Christy Martinez, the owner of the vehicle, approached the car with his cousin, Frank Galvan, and his uncle, Phillip Quintana.
Look at how the responding police officers described the scene. Often, the prosecutor will refer to the jurors' own memories of the Kennedy Assassination, Challenger explosion, or Twin Towers collapse. Although lawful possession of a weapon is not a formal requirement for self-defense, many court opinions mention the reason the defendant was armed. The attorney should ask the jury to consider relative age, strength, gender, training, level of aggressiveness, weapons, number of aggressors versus number of defenders, etc. A person can also be fatally stabbed in the heart, get in his car, and drive away. Ask specifically what tests were done to find residue, and what factors could have caused a false negative on those tests. Here, as in eyewitness identification cases, a certain witness is not necessarily an accurate one. It allows you to use reasonable and appropriate force. Here at The Bussey Law Firm, P. C., our legal team has an in-depth understanding of this law. People v. TolerAnnotate this Case. Defend themselves within their own residence. Self-Defense in Colorado as an Affirmative Defense. The "Stand Your Ground" Law states that there is no duty to retreat from the situation before using deadly force and is not limited to one's home, place of work, or vehicle.
If you killed someone in the act of self-defense, you could be arrested and charged with second-degree murder. If the defendant presents some evidence on each of the elements of self-defense, then he or she is entitled to a jury instruction on the issue, which places the burden of proof squarely on the prosecutor to disprove self-defense beyond a reasonable doubt. 10] By comparison, we note that some jurisdictions have expressly codified the "no duty to retreat" rule. Toler and two of his companionsfellow gang members Dominic Baca and Eugene Sanchezconsumed alcohol and LSD, and were walking through the neighborhood in which some of their companions lived. 14 properly informed the jury that because Toler was not where he had a "right to be" when he shot Martinez, the affirmative defense of self-defense was unavailable to Toler. In this case, you would need to comply with the officer's requests and then argue your rights at a later time. Thus, because trespassers face the possibility of lawful physical force by a person defending against the trespass, they are not in the same position as an otherwise innocent person or "true man" with respect to the privilege of using force in APPLICATION. People will assert that they were not the instigators but merely acted in their own defense as part of a self-defense strategy. Stand Your Ground and Make My Day state many of the same basic facts. People in Interest of JJC, 854 P. 2d 801 (Colo. 1993).
335(b) (Michie 1999) (requiring that a person retreat if possible with complete safety before using deadly force, except in defense of premises or within the scope of peace officer's authority); Ann. Toler again fired at Martinez, and Martinez screamed that he had been shot. We'll go into more detail about Make My Day below.
Marianne is being robbed at gunpoint. You use only the degree of force appropriate for the situation. 1 A successful self-defense argument means you are not liable for the crime. In the vast majority of states, the basic elements of self-defense by means of deadly force (firearms and other weapons) include: The defendant had reasonable grounds to believe he or she was in imminent danger of death or serious bodily harm. What Is A Duty To Retreat? In this article, they explain: - 1. They are not required to give a warning before using deadly force in self-defense or defense of another.
These are questions that a criminal defense attorney can help answer. See 155 Colo. 551, 553-55, 395 P. 2d 1001, 1002-03 (1964). Having analyzed Colorado's self-defense doctrine and demonstrated that this state imposes a "duty to retreat" only on "initial aggressors, " we turn to the People's argument that a trespasser must "retreat to the wall" before using physical force in self-defense. For instance, if Max shoves Bob, it would not be reasonable for Bob to kill Max with a gun under normal circumstances. Such a conclusion contravenes our statute and our precedent. The other possibility is that there was a weapon which was not recovered. The People petitioned this court and we granted certiorari to consider the following issue:Whether the court of appeals correctly invalidated the pattern jury instruction embodying the common law doctrine of retreat to the wall because it contained language not found in the initial aggressor statute. 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. B. Colorado's Statutory Privilege to Use Physical and Deadly Force in Defense of a Person.
Formally entitled The Homeowner Protection Act, the Make My Day law was adopted in Colorado in 1985 under CRS 18-1-704. EXCEPTIONAL OUTCOMES. As an example, a Denver man was convicted of second-degree murder and attempted second-degree murder for shooting two teenage boys, wounding one and killing the other. 5] Toler objected *346 to the part of the instruction that Toler argued could mislead a jury to believe erroneously that a trespasser must "retreat to the wall" before using physical force in self-defense, which reads as follows:[I]f the Defendant was not the initial aggressor, and was where he had a right to be, he was not required to retreat to a position of no escape in order to claim the right to employ force in his own defense.
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