Last week, I read a story about a Douglas County man who shot and killed his son, thinking he was a home intruder. The father was arrested and charged with Second Degree Murder. Douglas County Sheriff officials say the charges may change based on the investigation. My hunch is that they are trying to analyze the evidence to validate the man’s story that he was defending himself against someone he thought was an intruder. Should the case proceed, the man will most likely use the ‘Make My Day’ Law as a defense in his Douglas County trial.

Make My Day Law as a Defense in Assault and Murder Cases in Castle Rock

The Castle Rock, Colorado law definition of Use of Deadly Force Against an Intruder (Make My Day) – C.R.S. 18-1-704.5 –  is:

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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.”

If the father thought that the intruder was going to commit a crime or was going to use physical force against him in any way, then he had the right to use physical force against the intruder. The issue lies with the fact that the son was not an intruder, but when you are scared for your life and only have split seconds to make decisions, the man’s actions are understandable.

Highlands Ranch Make My Day Law

This is not the first case of an accidental death where someone is mistaken for an intruder. Not long ago, a teen was found justified after killing his friend who was trying to prank him. The jury decided the killing was justifiable, not criminal. While situations in Highlands Ranch and Castle Rock require the person to unlawfully enter the dwelling, the idea behind the killing being justified remains the same.

If you or a loved one has been charged with Assault or Homicide and believe the Make My Day law may be a defense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 303-265-1950 today. Together, we can protect your future.

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