A man from another state tried to use the Make My Day law to defend the murder charges that had been brought against him. The man shot a 17 year old German exchange student after baiting him by leaving the garage door partly open and putting a purse in sight. When a motion detector alerted him about the intruder, he shot into the garage and killed the teenager. In trying to defend himself, he used the Make My Day law defense, only he was found guilty of deliberate homicide or murder.
What is the ‘Make My Day’ Law in Greeley?
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.
You can’t bait someone into entering your house and wait to shoot them.
In Greeley, Erie, and Evans, if a person has illegally entered your house, and you feel genuinely in danger for your life, you can use deadly force to protect yourself. You can’t, however, bait someone into entering your house and wait to shoot them. We often see this law used successfully when a burglar is in a person’s house and threatens the resident. It is not a valid defense when a person is trespassing on outside property, like a backyard. Garages are borderline and would only be acceptable in rare circumstances.
If you or a loved one has been charged with a crime like Murder or Homicide in Weld, Morgan or Logan County, you need to start planning your defense. The first step is to be smart, exercise your right to remain silent, and call the O’Malley Law Office for a free consultation at (970) 616-6009. Together, we can protect your future.
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