Weld County law permits the use of force or a weapon for self-defense under C.R.S. 18-1-704, when we believe another person is going to harm us. Even so, it is critical to hire a top Greeley self-defense lawyer after exercising your self-defense rights. The tragic case of Cyntoia Brown in Tennessee is a classic example of someone exercising self-defense, only to be charged with a crime as a result. When she was 16 years old, Brown was picked up by a man for sex and taken to his home. Brown alleged that when they were in bed, she believed that the man was reaching for a gun, and so she pulled a gun from her handbag and fatally shot him. This, along with her subsequent actions of taking the man’s firearms and money to avoid harm from her pimp, were acts of self-defense. Nonetheless, Brown was sentenced to a life sentence in prison for aggravated robbery and first-degree murder. She was eventually granted clemency, but only after she had already spent fifteen years in prison.
What are the Requirements for Self-Defense in Weld County?
In Weld County, the requirements for self-defense are laid out in C.R.S. 18-1-704, Use of Physical Force in Defense of a Person:
Anyone can exercise self-defense to a reasonable degree when someone else’s speech or behavior gives them cause to believe the aggressor will soon harm them or another person. If someone makes it clear that they want to hurt you or another person nearby, you are justified by Colorado law in using enough force to impede the aggressor and keep yourself or the other party safe.
Other Requirements for Self-Defense in Greeley, Colorado
In Greeley, Colorado, understanding the other requirements for using self-defense and the highest degree of force permissible is crucial. C.R.S. 18-1-704 has two subsections outlining these conditions:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law; or
(d) The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim’s or witness’s conduct, behavior, or statements.
Colorado law is specific when it comes to justification for exercising self-defense. Essentially, the law states that you must have reason to believe your aggressor will soon harm you or another person, and that it wasn’t out of their act of self defense from your conduct. If you used deadly force, you also must have reason to believe that the aggressor intended to engage in a violent crime (kidnapping, assault, rape, and so forth). Deadly force is only permissible when you believe that a “lesser degree of force” would not have been enough to impede the attacker.
Self Defense Lawyer for Weld County, Colorado
A Self-defense lawyer in Weld County, Colorado will help you legitimize use of Colorado’s Self Defense law in your situation. You should be protected from being convicted of a crime in Weld County if you were only protecting yourself by what you did. Unfortunately, this isn’t always the case. Someone who has protected themselves from serious injury by using force or a weapon, can suddenly find themselves in handcuffs for Prohibited Use of Weapons, C.R.S. 18-12-106, Assault, C.R.S. 18-3-202, or another similar charge. If you are charged and found guilty of one or more of these crimes, you can be penalized by being denied your right to purchase a firearm, having to pay tens of thousands of dollars of fines, and spending time locked away at the Weld County Jail – all for protecting yourself or another person.
If your freedom is on the line, hiring a leading criminal defense attorney is your only option. Do not take a gamble that could cost you your ability to defend yourself again or precious time that could be spent with family and friends. If you or someone you love has been charged with Assault or Prohibited Use of Weapons or another crime, be smart and exercise your right to remain silent, then contact us.