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Thursday, January 12, 2006

Self Protection?

In reference to this post by Walter, I have a few questions:

What right does a person have in Denver to defend themselves and their property (outside of the “Make My Day” home intrusion law)? When can deadly force be used in defending against an assailant? And what, precisely, is an assailant? I mean, in what situations can a person claim to reasonably feel that their life was in danger and therefor justified in using deadly force in their own defense?

It seems obvious that anyone should have the right to defend themselves against attack, but deciding what form that defense takes and when a person is right in taking action isn’t the easiest thing in the world. Not that worries about the law would keep me from doing everything in my power to protect myself (and my property) when I feel sufficiently threatened; it’s just nice to know what the consequences might look like.

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Here’s some reading material.

Basically whenever you feel your life is in danger and “a lesser degree of force is inadequate”.  The Make My Day law lessens the requirements, you can use deadly on someone who has broken into your home.  From what I understand, in any case it will be something that will have to be brought before a judge.  Even in what’s apparently called a “righteous shooting”, it’ll still end up costing the person several thousand dollars in legal fees.

on Jan 12 2006 @ 04:40 PM

I assume that Denver, like most places, permits the force used in defense to be commensurate with the possible injury that might result from force used or threatened to be used by the attacker.

on Jan 12 2006 @ 08:17 PM

From what I understand, you can also use deadly force if your assailant has a weapon, even a screwdriver.  Part of the make my day law says that you may kill the assailant even if he is no longer facing you, but is still holding said weapon.  I believe this all came about because an ex-judge shot a man after he had broken into and left his neighbors house, the guy was carrying a screwdriver and ended up being shot in the back.

on Jan 15 2006 @ 08:05 AM
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