Legal Question in Criminal Law in Colorado

I received an e-mail saying to use Wasp Spray for self defense and that it causes the attacker to go temporarily blind until they receive medical treatment. Is it legal to use Wasp Spray as opposed to Pepper Spray on an intruder as self defense?


Asked on 5/26/10, 10:03 am

1 Answer from Attorneys

Jason Savela The Savela Law Firm, PC

Under Colorado's "make my day" law, you can use lethal force against an intruder coming into your home if you believe the intruder may hurt you or your family. This must be someone that does not have a reason to be in the house, you cannot invite them in, and you must believe intruder may seriously injure or kill you or someone in your home.

Under self defense law, you can use reasonable force to defend yourself against an attack. The amount of force you can use depends on the type of attack. So, if you reasonably believe someone will break your arm, you can use at least that much force, and maybe more. Once the attack has ended or you are safe or you gain the upper hand, additional force may no longer be justified.

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Answered on 5/26/10, 1:23 pm


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