A man in Cortez, Colorado was recently acquitted of Assault on a Peace Officer charges using the Make My Day law. According to the news report, the man allegedly assaulted the police officer when he was being arrested. He was accused of stabbing the officer, but reported injuries were not serious. The defendant used the ‘Make My Day’ law to successfully defend his actions and was freed from these charges.
What is the Make My Day Law?
C.R.S. 18-1-704.5 – Use of Deadly Physical Force Against an Intruder (aka the ‘Make My Day’ law) is defined as:
- The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
- 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.
- 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.
- 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.
Can the Make My Day Law be a Successful Defense Strategy in Fort Collins?
An experienced criminal defense attorney can look at the facts of your case and decide if this law is a practical affirmative defense strategy for your situation.
This law can absolutely be a defense strategy. In Larimer, Boulder or Grand County, if you can prove the person illegally entered your house and you felt physically threatened by their presence, the ‘Make My Day’ law may work for you. An experienced criminal defense attorney from the O’Malley Law Office can look at the facts of your case and decide if this law is a practical affirmative defense strategy for your situation.