Many people wonder, what is Self Defense in the Weld County Courthouse. They also want to know how to hire a defense lawyer who knows how to use Self Defense at trial. Let’s study this defense and its incredible power when used effectively.
Self Defense is an Affirmative Defense with Great Power in Greeley Court
The Affirmative defense of Self Defense is very powerful in physical altercation cases like Assault, weapons charges and Menacing cases. Many defenses are difficult to apply to specific situations in criminal cases, but Self Defense is generally accepted by juries when raised correctly. An Affirmative defense means, “yes, I did what the government alleges, but I had legal justification.” Our law recognizes the right to protect yourself, as long as you don’t use this defense as justification for an unreasonable act, which greatly exceeds the risk you face. If used properly, it can result in you being found Not Guilty.
Self Defense Law in Colorado, Definition Under C.R.S. 18-1-704
The definition of Self Defense in Colorado is written at C.R.S. 18-1-704. Here is what it says:
[su__quote]A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.[/su_quote]Please note that you don’t have to wait for someone to hurt you first. You can use Self Defense before another person has physical contact with you or hurts you first.
What is a Legitimate or Proper Self Defense in Greeley Courts?
A proper Self Defense in Greeley is one which is measured to meet the threat you are facing. For example, if someone pushes you, you can push back. If someone your size hits you, you can hit back. But, for each of these assaults, you cannot use deadly force unless your life is threatened. You cannot kill or threaten to kill someone by the use of a deadly weapon unless their threat is substantial. This much is clear. But, where things get a bit murky is whether you can display a deadly weapon to prevent a lesser threat. To some degree you can, but the greater the difference between the threat and your threat or action in response, the greater the risk you will be considered the unlawful aggressor and charged with a crime. In situations like this, it is best to use the least amount of threat or physical force to diffuse the threat against you.
What is Reasonable Self Defense in a Weld County Criminal Case?
Imagine a woman of 110 pounds facing a man of 185 pounds in a dark alley as she walks to her car. If the man says, “hey there sweety, I’d like to get to know you,” she can’t pull out her gun. He has not presented a risk to her and most people on a jury would say she is not at risk. Yes, she should be cautious and maybe divert her path, but deadly force is not yet reasonable. If he takes steps to overcome her, such as chasing her, she may be justified in pulling out her gun. If he reaches to grab her, she might be able to shoot him if he is stronger than she is. It is a very fine line at that point as to whether she can shoot him in Self Defense.
Can You Display a Gun or Firearm When Threatened by Another Under Colorado Law? Felony Menacing
It is less certain when you can display or show a gun in Self Defense in Colorado. This can be charged against you as Felony Menacing. Sure, if someone is coming at you with deadly force, you can display a gun for your defense. You can even point it at them, and maybe shoot. But what about when someone is following you in a car, or someone is acting angry in their car toward you? What if a guy grabs a bottle and raises it up when facing you in an altercation? Only a jury can tell you for sure at your jury trial for Murder, Menacing or Aggravated Assault. Generally, the law is set up for a measured response to the threat, and you can’t be unreasonable in presenting or using a deadly weapon. Reasonableness depends on your circumstances, and this can be unclear.
Call our criminal defense lawyers at 970-616-6009 to discuss your Self Defense case. Together, we can protect your future.
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