If you have an event that occurs at night when it’s dark out, does the law build an extra protection for your use of deadly force in the nighttime? Generally, the answer is no. That is not part of the framework of the self-defense statute in Colorado. It is in other states, but that’s not something that is specifically carved out into the statute here.
Now, we say “generally,” because when the fact-finder is making a determination of your actions, they’re determining whether or not your actions were reasonable under the circumstances and whether or not you used an amount of force that was reasonable, whether, if you use deadly force, that was reasonable under the circumstances.
They can consider many circumstances when determining whether or not you were reasonable and that may include the time of day, which is why the law doesn’t specifically say that the daytime or nighttime makes a difference. It could be something that the fact-finder, a jury or a judge or a grand jury, considers when they’re evaluating your conduct.
If you have any questions, call U.S. LawShield and ask to speak to an Independent Program Attorney today.