Posted on 10/20/2018 11:22:53 AM PDT by BenLurkin
Any reason in your mind why he couldn't have been both?
You just proved my point!
Read the first sentence of the posted article.
From your previous: “So I reassert my original premise. In Colorado, you can use deadly force to stop a robbery.”
From your cited statute: “(b.) The other person 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”
REALLY! YOU BETTER GET A BETTER LAWYER. AND TAKE SOME READING COMPREHENSION COURSES.
Then by all means, regale us with your profound insight as to how the 18-1-704 does not permit one to use deadly force to stop someone who is committing or attempting to commit burglary.
nope.
Dude, I noticed that this is your first post using burglary instead of robbery. I want born yesterday!
Do you now admit you have been in error in your posts?
“Then by all means, regale us with your profound insight as to how the 18-1-704 does not permit one to use deadly force to stop someone who is committing or attempting to commit burglary.”
It’s all in the statute you posted. Perhaps take your posts to your ‘lawyer’ ....
Or if you find a burglar and kill him your lawyer will defend you in court.
The law uses the much less restrictive term of burglary. I used the much more restrictive term of robbery as it adds the requirement that there is the threat of harm or injury.
In other words, I was being much more restrictive in my phrasing. But hey, have it your way.
Here in Colorado, you can used deadly force to stop a burglary.
DUDE, YOU REALLY NEED THE ADVICE OF A GOOD LAWYER BEDORE YOU GET YOURSELF IN TROUBLE!
“Here in Colorado, you can used deadly force to stop a burglary.”
You absolutely can ... but expect to be charged with manslaughter, as a minimum.
(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or (b) The other person 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
(c) The other person 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.
A recent somewhat relevant case.
I dont know this attorney but he seems to understand the law.
Only if you want to go to jail!
let me show you how THE SAME STATUE covers robbery. (2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
Dude cannot even clearly state required provisions of the law.
Besides this is Colorado ‘make me day’ statute. Neither burglary nor robbery are cited.
Yeah ... and so what ??? The underlying FACT remains the same. Here in Colorado, you can use deadly force to stop a robbery.
The DEFINITION OF ROBBERY involves force or threats of force. A robbery becomes aggravated in Colorado if additional elements apply, including whether the robber:
Is armed with a deadly weapon or any article that one would reasonably believe is a deadly weapon or states that he or she has a deadly weapon;
or
Knowingly wounds or strikes anyone or puts them in reasonable fear of death or injury.
“The DEFINITION OF ROBBERY involves force or threats of force. “
There are forms of robbery that do not include force or threats of force.
Again, you are showing your ignorance. Under Colorado law, robbery ALWAYS requires the element or threat of force. Otherwise the action is either burglary or theft.
Here, perhaps you can educate yourself:
https://www.shouselaw.com/colorado/theft_home.html
“Again, you are showing your ignorance. Under Colorado law, robbery ALWAYS requires the element or threat of force. Otherwise the action is either burglary or theft.”
Again you are so wrong. Read the dam statute!
https://law.justia.com/codes/colorado/2016/title-18/article-4/part-3/section-18-4-301
(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
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