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Affirmative Defense for Killing Sexual Assault Abuser?: C.R.S. 18-1-704

| Jun 21, 2012 | Defense |

Denver Murder Attorney

In Denver, Jefferson, and Adams County, Colorado, an affirmative defense such as Self Defense or Defense of Another Person (C.R.S. 18-1-704) can completely negate any criminal liability when a person is accused of a crime. Recently, a Texas man discovered a family friend sexually assaulting his 4-year-old daughter, and punched him in the head repeatedly, causing his death. Even though the sheriff investigating the incident said that he believed the father had a right to defend his daughter, there will still be an investigation into this man’s actions, and the sheriff will submit his findings to the district attorney for presentment to the grand jury, which will make a decision whether to charge the father with Murder / Homicide or manslaughter.

Doulgas County Affirmative Defenses

In Colorado jurisdictions such as Douglas, Weld, and Arapahoe County, when a person raises an affirmative defense such as defense of a third person to a charge like Assault, the prosecutor has the burden of disproving the defense beyond a reasonable doubt. An affirmative defense is a compete justification for what would otherwise be a criminal act. It allows the person to say, “yes, I did what law enforcement said I did, but I was justified in my actions”.

Justified Murder in Arapahoe County

To raise a self defense or defense of a third person claim in Colorado, a person must establish that they used a reasonable amount of force to prevent what they reasonably believed to be the imminent use of unlawful physical force upon themselves or another person. Therefore, because the degree of force used must be reasonable, a person cannot justify murdering someone who merely slapped them across the face. While we sympathize with this Texas father, it is questionable whether the killing would be justified under Colorado law.

Aurora Criminal Defense Lawyer | Affirmative Defense

Establishing an affirmative defense in Colorado can be quite complicated. Not surprisingly, many times when someone who has been accused of a crime tells the Aurora, Denver, or Westminster police that they were acting in self defense, those statements magically get left out of their police reports.

If you were accused of a crime in Larimer, El Paso, or Denver County because you were defending yourself or someone you love, do not navigate the complexities of raising an affirmative defense alone. You need an expert criminal defense attorney to help you craft a compelling defense under certain time deadlines. At the O’Malley Law Office, we have years of using affirmative defenses to completely negate the charges against our clients. Not only are we able to argue an affirmative defense at trial, we will start inundating the District Attorney with evidence of your justification from your first court appearance in order to get them to dismiss the charges against you. You are not alone, so be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.