Self Defense is an affirmative defense known as “Use of Physical Force in Defense of a Person” in Fort Collins and Larimer County Court. It is a tool for the defense to use when a person is charged with a crime like First Degree Assault, Second Degree Assault, Third Degree Assault, Menacing, Harassment, or Disorderly Conduct, but their actions were a result of attempting to protect themselves. So, let’s consider this example: You are in downtown Fort Collins at one of the popular bars, like the Yeti Bar or Bondi Beach Bar and the bouncer decides your friend is acting out of control, so you all need to leave. You turn to go back to your table to grab your jacket and the bouncer doesn’t appreciate that you don’t just immediate heed to his whims and march out of the bar like a good little soldier. The bouncer decides that gives him the right to put his hands on you and you dodge him, but end up bumping into him while trying to get away. The bouncer calls the cops and claims you physically assaulted him. Because these bars are constantly calling the Fort Collins Police, (they literally created a sub station for FoCo Police in downtown specifically to handle bar issues) all the bouncers and bar staff are BFFs with the officers, your version of the story doesn’t matter. What the bouncer says, goes, and you are charged with Assault. The bouncer NEVER had the right to put his hands on you, and you had every right to use physical force to keep someone from illegally manhandling you – a classic case of Self-Defense.
What is Self Defense in Larimer County? Definition of Use of Physical Force in Defense of a Person in Colorado
The Larimer County, Colorado law definition of Use of Physical Force in Defense of a Person – C.R.S. 18-1-704 – is:
There are some caveats to this law. They include:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He or she is the initial aggressor; except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force;
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law; or
(d) The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim’s or witness’s conduct, behavior, or statements.
Physical Contact, Self-Defense and Lazy Police = Just Charge Everyone!
We have seen many cases where lazy police work leads to ridiculous charges for justifiable actions. Someone defending themselves ends up charged the same as the person who initiated the physical contact, simply because it’s too much work to really determine the facts of the case. Often, Loveland Police or Larimer County Sheriff Deputies just don’t want to do the work to investigate what happened. So, they charge both people with Assault or Disorderly Conduct – Fighting in Public. Then you are left to defend yourself against the government. In what world should you have to stand there and allow someone to physically harm you, just so that you don’t get charged with a crime when the dust settles? You should always be able to defend yourself within reason.
If you or someone you love has been charged with Assault, Menacing or another crime related to a physical altercation and you believe you acted in self-defense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also have an office in Greeley, Weld County – CLICK HERE TO VISIT THAT SITE. Together, we can protect your future.
Photo by lil artsy