Originally posted by
788Ham
One thing I caught right off, if its SD, and in your house, barn, whatever building, thats fine. HOWEVER, out to 100 yards, maybe 150 yards, is this called SD? A jury might have a few questions to ask you if this were to come about, is this then hunting, or SD ?
THE FOLLOWING IS NOT, AND SHOULD IN NO WAY BE CONSTRUED AS LEGAL ADVICE, I AM NOT A LAWYER! Hopefully someone competent will be along soon to correct any of my errors or omissions.
I'm not familiar with Colorado law, but in Texas if you are in fear for your life or serious bodily injury, or for the lives of others (including serious bodily injury) and the actor presents an
immediate AND credible threat, then the use of deadly force for self defense is justifiable.
What this means is that if a guy yells at you "You ran over my dog, I'm gonna kill your sorry a$$", while waving a knife, you wouldn't be justified in shooting him from 150 yards away, since the threat, while credible, is not immediate. He would have to get very close before he became a real threat with a knife.
If however, he drops the knife, reaches behind the seat of his pickup, grabs a bolt action rifle and starts to assume a firing position using his vehicle as cover, the threat has now become both credible and immediate. In Texas you would now be justified in using deadly force if you truly believed that you were in imminent danger of death or serious bodily injury.
There is no requirement that a person under attack be in a building under their ownership in order to keep themselves from being murdered, nor is there a specified maximum distance for the use of deadly force to be justified.
It depends on the totality of the circumstances.
THE PRECEDING IS NOT, AND SHOULD IN NO WAY BE CONSTRUED AS LEGAL ADVICE, I AM NOT A LAWYER!
I will say that if there's any way to NOT kill someone while keeping yourself and loved ones safe and preserving your own personal moral code, then don't kill anyone.
Even putting moral and ethical questions aside, a homicide is likely to cost you a lot in lawyers fees.