Although deemed by the media as a “loophole” for purposes of this story, the Colorado Make My Day Law, C.R.S. §18-1-704.5(3), states, “[A]ny occupant of a dwelling who uses physical force in accordance with the provisions of subsection (2) of the statute shall be immune from criminal prosecution for the use of such force.” Previous court decisions found that a jail cell or prison cell is a “dwelling” for purposes of the burglary statute. Of course, the courts have previously been asked by the prosecutors to view jail cells as dwellings so that prosecutors could prosecute inmates for going into a cell that is not assigned to the inmate (Burglary or Trespass).
THE EXPERIENCED HOMICIDE DENVER DEFENSE LAWYERS AT LFM DEFENSE.
The experienced Denver Defense Lawyers at LFM Defense, were able to successfully argue that a jail cell was a dwelling for purposes of the Make My Day statute and ultimately successfully defend this case. If you or a loved one are facing serious criminal charges, including Murder or Homicide, please contact the attorneys at LFM Defense.