Is it possible to have a reckless endangerment charge removed, if you were defending yourself against wild animals on your property?

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Is it possible to have a reckless endangerment charge removed, if you were defending yourself against wild animals on your property?

Defending myself from 2 coyotes on my property and the roundI fired entered into a neighbors home. Is there anything I can do to have this charge removed?

Asked on March 28, 2012 under Criminal Law, Colorado

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

This may be one for a jury to decide. The prosecution would have to prove beyond a reasonable doubt that you recklessly and wantonly endangered the lives of others by firing your weapon. A claim of self defense is an affirmative defense that must be raised by defense counsel at trial. If the judge or jury believes that this was a case of self defense, then you could be found not guilty. Sometimes, if you or your attorney can articulate this to the prosecutor prior to trial, they may be willing to reduce or dismiss the charges, but this is no guarantee.


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