Stabbing of Burglars Puts Spotlight on Colorado’s “Make My Day” Law

A woman faces murder charges in Colorado after she stabbed two burglars, killing one of them, after they broke into her home around 2:00 a.m., according to The New York Daily News. The two men broke into her home in Erie, where she grew medical marijuana.

While one of the burglars was able to escape to a friend’s house nearby, he was nonetheless critically injured as a result of the stab wounds. The other burglar was later found dead from his wounds at the edge of the woman’s property. Although the woman reportedly admitted to stabbing both burglars, recent news from states that the fatal victim was found to have died from gunshot wounds, not stabbing wounds.

Even as details continue to unfold in the case, the woman may be able to successfully fight the murder charges using Colorado’s “Make My Day” law, which allows for the use of deadly force against an intruder, based on the right that all Colorado citizens “have a right to expect absolute safety within their own homes.”

According to the law (18-1-704.5), “…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 …such other person has committed a crime in the dwelling…or is committing or intends to commit a crime against a person or property… and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.” Under this law, any home occupant using physical force, deadly or otherwise, in the aforementioned circumstances is immune from criminal prosecution and any civil liability for the use of and results of said force.

There are many laws in the state of Colorado that govern the use of physical force. It may be warranted in certain situations and not in others, but the existence of so many laws can create confusion. If you or someone you know has been charged with a crime in Colorado, the skilled criminal defense attorney in Colorado Springs, Timothy Bussey of The Bussey Law Firm, P.C., can help you protect your legal rights and ensure that you are treated fairly under the appropriate laws. For a free initial consultation, contact Mr. Bussey today at 719-475-2555.

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