Colorado, like many states, has legal provisions that allow an individual to use force in certain situations to defend their property. One of these provisions can be found in the Colorado Revised Statute (CRS) 18-1-706, which deals with the use of physical force in defense of property.
1. Overview of CRS 18-1-706
CRS 18-1-706 permits the use of physical force, other than deadly physical force, by a person who reasonably believes it to be necessary to prevent or terminate another person’s unlawful entry into or attack upon an occupied structure or vehicle. It’s important to understand the context and limitations surrounding this provision.
2. The Distinction Between Physical Force and Deadly Physical Force
The statute differentiates between “physical force” and “deadly physical force.” Physical force might include pushing someone away or restraining them, while deadly physical force refers to an act that is intended or likely to cause death or serious bodily injury.
While the statute permits the use of physical force to defend property, it does not grant carte blanche approval for the use of deadly physical force simply to protect property.
3. When Deadly Force May Be Justified
Deadly force is not automatically justified merely to protect property. In Colorado, deadly force might be deemed reasonable only if a person reasonably believes that a lesser degree of force is inadequate, and:
- The person against whom the deadly physical force is used is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
- The person against whom the deadly physical force is used is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
Examples:
- Justified Use of Physical Force: Imagine a scenario where someone tries to unlawfully enter your vehicle while you’re inside. If you push the person away to prevent their entry, this might be considered a reasonable use of physical force to protect your property.
- Unjustified Use of Deadly Physical Force: Suppose someone is attempting to steal a garden gnome from your front yard, and you shoot them. This use of deadly force would likely be viewed as excessive and not justified simply to protect property.
- Possible Justified Use of Deadly Physical Force: Someone is attempting to commit an armed car jacking and is threatening you and pointing a gun at you. Deadly force would most likely be justified to protect themselves or other occupants of the vehicle. Keep in mind this is not protecting property any more, but from serious bodily injury or death that might occur to the driver.
Conclusion and Legal Disclaimer:
It’s essential to approach situations where the use of force might be considered with caution and an understanding of the law. While Colorado allows for the use of force in defense of property, deadly force is generally not justifiable unless there’s an immediate threat of serious bodily injury or death.
Disclaimer: This article is for informational purposes only and should not be construed as legal advice. Always consult with a qualified attorney regarding specific legal questions and before taking any action based on this information.
Remember, the legal landscape can change, and interpretations of the law can vary based on specific circumstances and nuances not covered here.
