The ‘Make My Day’ law is a common exemption or justification used to keep a person from being criminally charged for the death of another when certain circumstances exist. Recently, a controversial case arose, where a Denver man had shot two teenage intruders who had entered his backyard and were taking his marijuana plants. The 15-year-old was killed in the shooting and the 14-year-old was severely injured. This story led ABC 7 Denver to Defense Attorney Terry O’Malley, requesting expert analysis on the case. Could the man use the Make My Day law as a defense in this case or any similar cases in Greeley or Weld County? Let’s look at the statute to see.
Weld County Use of Deadly Physical Force Against an Intruder – Make My Day – Definition
In Weld, Morgan, and Logan County, the Colorado law definition of Use of Deadly Physical Force Against an Intruder – C.R.S. 18-1-704.5 – is:
(2) Notwithstanding the provisions of section 18-1-704, 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 when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3) 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 criminal prosecution for the use of such force.
(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.
The caveat with this law is that the intruder or uninvited person has to be in the dwelling. While there are controversial cases exploring whether an attached garage or screened in front porch are included as part of a dwelling, the fact is a yard is not. Terry O’Malley explained to the news reporter, “You just don’t have the option of deadly force when somebody is outside your home. I can’t go shooting in the dark at somebody for being on my property. There’s a real change when somebody comes inside your home.”
Greeley First Degree Assault and Homicide Lawyer: What Charges Will This Man Be Facing?
The man was arrested after a search warrant was issued and firearms matching the gun used to injure and kill the back yard intruders was located. So what charges will the man likely be facing? Probably Second Degree Murder and First Degree Assault, both high level felony charges carrying extensive mandatory prison time in the Colorado Department of Corrections. It’s important to know the limitations to the Make My Day law and use of physical force in Greeley in case you ever are put in a situation where you need to defend or protect yourself and your family.
If you or someone you love is facing Murder or Assault charges in Greeley, Erie or Evans, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
Image Source: Pixabay-elljay
Video Source: YouTube-Denver7 – The Denver Channel