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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Fatal Injury of Colorado Springs Burglar

On Behalf of | Oct 8, 2018 | Burglary |

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Burglar Shot in El Paso County

Last Saturday night, an intruder attempted to enter a home in El Paso County. Unfortunately for him, the homeowners had a gun and used it in self-defense. The would-be burglar was shot and continued to put up a fight, even after the Colorado Springs Police Officers arrived, forcing them to use a Taser. The suspect was taken to a hospital, and eventually died from his injuries. While the case is considered an active homicide investigation, chances are the couple will not face charges, being protected by Colorado’s “Make My Day” law.

Read the full story – KKTV 11 NEWS

What is the Adams County, Colorado Make My Day Law?

In Douglas County, Adams County, and throughout Colorado, you are legally allowed to use deadly physical force against an intruder under the following circumstances:

  • “(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
  • (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.
  • (5) As used in this section, unless the context otherwise requires, “dwelling” does not include any place of habitation in a detention facility, as defined in section 18-8-211 (4).” (C.R.S. 18-1-704.5)

Who is Considered a Burglar in Jefferson County?

In Jefferson County, there are 3 different classifications of Burglary. “A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property” (C.R.S. 18-4-203). Second degree burglary is a class 4 felony, which means if convicted, you will be facing 2-6 years in prison, and a fine between $2,000 – $500,000.

Read about the 3 classifications of Burglary in Colorado.

Lawyer for Burglary Charges in Arapahoe County

If you are facing charges for First, Second, or Third Degree Burglary in Arapahoe County, be smart. Exercise your right to remain silent and contact an experienced Burglary lawyer at 303-731-0719. Together, we can protect your future.