Tag: self-defense

How Does the Make My Day Defense Work in Colorado?

How Does the Make My Day Defense Work in Colorado?

Everyone should have the right to protect themselves and their home from intruders. But, the laws governing what residents can and cannot do to protect their homes vary from state-to-state. In Colorado, the “make my day” law gives residents the legal right to use their weapons when an intruder breaks into their home. Here’s what you need to know about the make my day defense law:

Make My Day Law in Colorado

Established in 1985, the make my day law gives Colorado residents the right to shoot and kill an intruder without facing criminal penalties. However, in order to use this defense, the resident must have been under the impression that the intruder was going to commit a crime and use physical force against someone inside the house. Even if the intruder is armed with nothing but his fists, Colorado residents can still fire their weapons to protect themselves.

In some states, the law requires residents to attempt to retreat to a safe place prior to using a weapon to defend themselves inside their homes. But, this is not the case in Colorado. Residents do not have a duty to retreat, which means they do not need to make an effort to escape before firing at an intruder.

When the Make My Day Law Does Not Apply

It’s important to understand when the make my day defense law does not apply so you know when you could face criminal charges for shooting another person. The make my day law only gives residents the right to shoot intruders inside their home. This means the law does not protect residents who shoot intruders that are in the yard or on the porch. Therefore, if an intruder is shot in the backyard, the resident cannot use the make my day defense to justify their crime.

Because the law only applies to incidents involving home intruders, you cannot use the make my day defense if you shoot someone in self defense while on public property. Other self defense laws may apply to cases involving situations that take place outside of the home, but the make my day law does not.

No one should ever have to face criminal consequences for protecting themselves. If you were left with no choice but to hurt someone in order to protect yourself, contact Reisch Law Firm right away. Our criminal defense attorneys will fight tirelessly to prove you acted in self defense. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Defense Strategies Used by Criminal Defense Attorneys

Common Defense Strategies Used by Criminal Defense Attorneys

Being charged with a crime can be terrifying, but it’s important to remember that a charge does not always lead to a conviction. The criminal defense attorney that you choose to represent you will review the details of your case and form an effective defense strategy. The strategy that your attorney uses will depend on the nature of the crime and the evidence that is being used against you. To get a better idea of what to expect, take a look at these common defense strategies used by criminal defense attorneys:

Self-Defense

A self-defense strategy may be appropriate in some cases. For example, if a defendant is facing assault charges, an attorney may be able to prove that the defendant injured the victim in order to protect himself from harm. The defendant cannot be convicted of a crime if it can be proven that his actions were only taken to protect himself.

Consent

Consent strategies are often used in cases involving sex crimes. Defendants that are being accused of forcing the victim to engage in sexual intercourse may be able to prove that the victim consented to the activity. This can be difficult to prove because it often turns into a “he said, she said” argument, but it may be an appropriate strategy for your case.

Alibi

The alibi defense strategy is frequently used by criminal defense attorneys. An alibi defense involves proving that the defendant could not have committed the crime because he was nowhere near the scene when it occurred. For instance, a defendant’s employer may serve as an alibi if he is willing to testify under oath that the defendant was at work when the crime was committed. This is mainly used in property or violent crimes such as burglary, assault, and murder.

Coercion and Duress

A criminal defense attorney can also argue that the defendant was forced to commit the crime against his will. For example, let’s say someone tells a defendant that he must rob a convenient store or else the defendant’s spouse will be hurt. This threat of force against the defendant’s spouse is enough to show that the defendant had no choice but to commit the crime.

These are just some of the many defense strategies that can be used in a criminal case. To discuss an appropriate defense strategy for your case, get in touch with the criminal defense attorneys at Reisch Law Firm today. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.