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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34998
Experience:  16 yrs. of trial experience
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M inbed, I get up and fearing for my life and life of mypet

Customer Question

m inbed, I get up and fearing for my life and life of mypet dog I shoot and killintruder who is found to be armd with a knife am I at riskof 1) legal action and 2) civils alwa suit by survivors of brugeler
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Pueblo West in CO, 81007 and in bed at night when a burglar enters my home. My dog barks I get up armed and shoot and kill intruder who is found to have a knife. another burglar (gang rented) runs away and I shoot at him but miss) what legal problems will I face. I am a retied federal special agent, have a Utah concealed carry permit and HR 218 protects me nationally I believe.
JA: Has anything been filed or reported?
Customer: No this is hypothetical and based on attorney (UT) Mitch Vilas and Evan Vilas book scenarios.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I am just thinking about future "what if's" as I carry whenever I leave home.
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 months ago.

I am sorry for this dilemma...but do not understand your question...are you asking if you can invoke self defense to defend your pet?

Expert:  P. Simmons replied 11 months ago.

Or is this a homework question?

Customer: replied 11 months ago.
I got a "ener password" dn created a pw and the reply was "you are anold customer" - I've never dealth withyou guys before, what's up and I was billed $36 for this?No it's just that my pet is a service animal and there at the hypothetical time situation and I need her and she is also at risk along with me. You can ignore the pet if you want but she is my "companion" in a strong psychological way as I have "fragile emotions" secondary to my career of 44 years of search and rescue, Paramedicine, law enforcement, fire (both arson structural and wildland) and over 300 body recoveries including my own people and being involved in the air in a helo when the two aircraft had a mid air collision and killed 25 incl 3 of the pilots who were my friends over Grand Canyon in 1986.
Expert:  P. Simmons replied 11 months ago.

I have some thoughts..a few mins please and I will type them up.

Expert:  P. Simmons replied 11 months ago.

Thank you for your patience.
It is a defense to an assault charge (including murder) if the accused acted to protect themselves or another person from harm. So, for example, if you woke up to an intruder who is armed and you had a reasonable apprehension that your life was in danger?? You can use force, including deadly force, to protect yourself. You can not use deadly force to protect your pet…not even a service animal. You can not use deadly force to shoot someone who is running away But you can use deadly force to protect yourself or any other person.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding