Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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There is no specific stand your ground statute in Colorado. However, the Colorado Supreme Court has held that you may stand your ground when defending yourself or others. You have no duty to retreat even if you have a means of escape. 1
CRS 18-1-704 permits you to utilize force that you reasonably believe is required to protect yourself or others from an offense involving the implementation of physical force. Note that reacting with deadly physical force is legally justified only in the following three situations:
Note that physical force is not legally justified in either of the following three situations:
CRS 18-1-704.5 permits you to implement physical force — including causing death — on an intruder if all of the following circumstances are true:
As long as these three conditions are met, you are protected from both criminal and civil liability.
Therefore, there is no express “duty to retreat” under Colorado law before you may implement deadly force for self-defense or defense of others in your dwelling. It does not matter even if you could escape the situation without causing anyone harm.3
Note that the Colorado Supreme Court refers to the Make My Day law as the force-against-intruders statute.4
CRS 18-1-706 permits you to use appropriate physical force reasonably necessary to prevent or stop what reasonably seems to be either:
If the property is not a dwelling, you may use deadly force only if:
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.