Legal Question in Criminal Law in Colorado

Make my day law

I have been told the make my day law of colorado only applies if the perpetrator is in the house, but I have a hypothetical circmstance where I was wondering if that would apply. I own horses, my horses are my living and my money. Someone is outside, stealing/beating/otherwise causing damage to my living. I shoot them, am I to be held liable for protecting my living. Not only that but I consider my horses to be part of my family. Am I to be held responsible for protecting these animals from certain harm, maybe even death?


Asked on 4/20/08, 1:25 am

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Make my day law

Under your theory, I would be justified for shooting every prosecutor who tried to send my client to jail.

Yes, you are to be held liable for protecting your property by shooting someone. Yes, you are to be held responsible for protecting a horse by causing certain harm, maybe even death, to a human being.

Get some security lighting, adopt a horse-thief-hating dog, but keep your guns in the rack.

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Answered on 4/20/08, 3:46 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Make my day law

In descending order, there is defense of self, defense of others, defense of property. You relate a defense of property situation. You CAN shoot or kill in defense of property. If you do, you WILL be convicted of homicide. So, yes, you ARE to be held LIABLE for the action you describe.

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Answered on 4/20/08, 4:05 pm


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