Colorado Self-Defense & "Make My Day"Laws

Colorado self-defense law is a legal defense to a violent crime. It argues that you only committed the crime to defend yourself or someone else. The defense comes from CRS 18-1-704. You can only use as much force that is necessary to defend yourself. In some cases, this means you can use deadly force. You do not have to withdraw from an altercation before defending yourself. To raise your right to defend yourself, though, you cannot be the aggressor.

CRS 18-1-704 says:

“…a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.”

Examples

  • Marianne is being robbed at gunpoint. She grabs the gun and punches the thief.
  • Josh sees Nick assaulting Samantha. Josh steps in to defend Samantha by punching Nick.

Self-defense is a very complicated legal defense. Our Colorado criminal defense attorneys can help you show your conduct was justified. In this article, they explain:

man submitting to aggressor
You do not have to withdraw from an altercation before defending yourself.

1. Self-defense law in Colorado

Self-defense is a legal defense to a criminal accusation. It quietly admits that you committed the crime. However, it argues that you only did it in order to defend yourself from harm. If successful, self-defense justifies a crime. It means you were only acting out of self-preservation.1 A successful self-defense argument means you are not liable for the crime.

Proving a self-defense case involves showing:

  • You reasonably believed that you were about to suffer imminent and unlawful force,
  • You reasonably believed that immediate force was the required to protect yourself, and
  • You used a degree of force that you reasonably believed would be necessary to prevent it.

In some cases, deadly force can be required for your self-defense.

People defending themselves in Colorado rarely have to retreat before using force. Instead, they are generally allowed to stand their ground. This is true even if they use deadly force in defense.

However, not all cases of self-defense are justified. Self-defense is not a legal defense if you were the aggressor in the fight. Deadly force also is not an option if you were defending your property, but not yourself. The only exception is if you were trying to prevent an arson.

1.1 How much force can you use?

You can only use as much force as you reasonably believe is necessary to protect yourself.

In many cases, this means only using as much force as you are being threatened with. However, the degree of force that is justified depends on the situation.

Example: Paul punches George. George takes out a gun and shoots Paul. George may have used too much force for a self-defense argument.

1.2 When is deadly force available?

Deadly force can be used in some circumstances for self-defense. You have to reasonably believe that:

  • You are in imminent danger of being killed or getting severely hurt,
  • The assailant is committing a burglary and is about to use physical force against the occupant, or
  • The assailant is committing a kidnapping, robbery, sexual assault, or a felony assault.2

Your ability to use deadly force is at its peak if you are in your home. This is Colorado's “Make My Day” law. It is at its weakest if you are only defending your property, not your person.

1.3 Stand Your Ground law

Colorado uses a Stand Your Ground law. This law allows you to defend yourself without retreating from a fight, first. It allows people to use reasonable and appropriate force – including deadly force – without withdrawing.3

Unlike Colorado's “Make My Day” law, Stand Your Ground applies outside the home, as well.

Example: The driver of a car is trying to run Robert over. Robert pulls out his gun and shoots the driver without trying to get out of the way.4

Stand Your Ground can be a defense for people who are trespassing on someone else's property. However, it only allows trespassers to use self-defense against unlawful force.5 Because property owners can lawfully use force against a trespasser, there are some situations where trespassers cannot claim self-defense.

1.4 What is a reasonable belief?

To prove you were acting in self-defense, you have to show you “reasonably believed” several things:

  • You were facing imminent harm,
  • You had to use force to defend yourself, and
  • The amount of force you used was necessary to prevent the harm.

A reasonable belief is different from a subjective belief:

  • A subjective belief is something that only you need to have,
  • A reasonable belief is something that other people would have in the same situation.

A big part of a self-defense argument is convincing the jury that they would have done the same thing you did.

Importantly, a reasonable belief can still be wrong, in hindsight.6 You do not need to be absolutely certain that you need to use force to defend yourself. Instead, it is enough to show an apparent necessity.7

Example: David gets thrown out of a Christmas party. He said he was hit in the back of the head and heard a bang as he was pushed out the door. He turns and fires 3 shots into the closed door. This is not a reasonable belief that self-defense was necessary.8

1.5 What if you started or provoked the fight?

If you started an altercation, you can only claim self-defense if:

  • You withdraw from the encounter,
  • Effectively communicate your intent to withdraw, and
  • The other person continues to attack.9

If these 3 things happen, you turn from the initial aggressor into a victim. This allows you to use force in self-defense.10

Additionally, self-defense is not an option if you provoked the fight.11 This prevents people from creating an excuse to use self-defense.12

Example: Clyde provokes a fight by holding a shotgun when he knocks on Ken's door. When Ken draws his gun to defend himself, Clyde shoots him.

1.6 What if you agreed to fight?

Self-defense is not an option if you agreed to fight.13

Example: Sir William challenges Bertram to a duel. Bertram agrees. Bertram wins the duel by shooting Sit William. Bertram cannot claim self-defense.

1.7 Do you have self-defense rights to defend your property?

You can use force to defend your property. It is still considered self-defense in Colorado. However, you only use force that is reasonable and appropriate to prevent crimes like:

  • Unlawful trespassing,
  • Theft,
  • Criminal mischief, or
  • Criminal tampering.14

Example: Johnny tries snatching Claire's purse. Claire punches him and sprays Mace in his eyes.

Generally, you cannot use deadly force to defend your property.15 You can only use deadly force to protect your property if you are keeping someone from committing arson.

Example: Johnny tries snatching Claire's purse. Claire pulls a pistol from her pocket and shoots him four times, killing him.

man being punched

2. Defending other people

The defense of other people is very similar to self-defense. You can claim defense of others if you think your intervention is necessary to keep them safe. This usually means you can claim defense of others if they could have claimed self-defense.16

In many cases of the defense of others, you do not fully know what is going on. The law recognizes this. It allows you to act on how things seem to be, rather than actual knowledge.17

3. Colorado's Make My Day law

CRS 18-1-704.5 gives you stronger self-defense rights in your home than elsewhere. Known as the “castle doctrine” or a “Make My Day law,” CRS 18-1-704.5 lets you use force, including deadly force, if:

  • Someone else has broken into your house, and
  • You reasonably believe they are committing a crime inside the house or might use force against anyone inside.

Colorado's castle doctrine does not require you to withdraw from an altercation in your home. This is true, even if there is a safe escape that you can use.18 Instead, it allows you to confront an intruder in your home and use deadly force.

The Make My Day defense does, however, require the altercation to happen inside your home. If you defend yourself in the common area of an apartment, for example, the Make My Day defense does not apply.19

4. Common offenses for a self-defense strategy

Self-defense is a legal defense. It is often invoked to fight criminal charges of violent crimes. If you successfully show that you acted in self-defense, you cannot be liable for these crimes.

4.1 Second-degree murder

Second-degree murder (CRS 18-3-103) is the act of knowingly killing someone else. It is less severe than first-degree murder, which requires premeditation. For second-degree murder, you just need to be aware that your actions are practically certain to cause death.20

If you use deadly force to defend yourself, you could be charged with second-degree murder. If you are able to show that your actions were done in self-defense, you cannot be liable for the crime.

4.2 First-degree assault

First-degree assault (CRS 18-3-202) is the crime of intentionally and seriously hurting someone else. It often involves the use of a deadly weapon. It does not, however, involve a fatality.

If you seriously hurt someone, prosecutors could accuse you of first-degree assault. If you can show that you acted in self-defense, you cannot be liable for the offense.

4.3 Second-degree assault

Second-degree assault (CRS 18-3-203) is the offense of intentionally hurting someone. Unlike first-degree assault, the injuries are not severe.

Self-defense is often an effective legal defense to an accusation that you committed a second-degree assault. If you can show that you only hurt someone to defend yourself or someone else, you cannot be liable for assault in the second degree.

4.4 Domestic violence

In Colorado, domestic violence (CRS 18-6-801) enhances the penalties of other violent crimes. If you commit another crime, like assault, on someone you are in an intimate relationship with, you can be accused of domestic violence.

Defending against the underlying offense can fight against the extra penalties that come with a crime of domestic violence.

Self-defense is a common legal argument against a domestic violence charge. Many instances of alleged domestic violence involve fights and violence from both sides. Self-defense involves showing that you were not the aggressor and responded with reasonable force. If successful, you cannot be held liable for a crime of domestic violence.

4.5 Resisting arrest

Self-defense is not a valid defense strategy against a charge of resisting arrest (CRS 18-8-103).

Resisting arrest is the crime of using violence or force against a police officer making an arrest. The arrest has to be made under color of law.

Self-defense is not an argument against a charge of resisting arrest, even if it is an unlawful one.21 If the arrest is unlawful, you are supposed to comply with the police officer and raise your rights, later.

The only times you can claim self-defense to an arrest are when the officer was not acting under color of law. Police officers who are off-duty or working as a private security guard are not acting under the color of the law. If they try to arrest you and you resist, you can argue you were acting in self-defense.22

Call us for help…

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Call us for help at (303) 222-0330

Raising a self-defense argument is very difficult. It is also very important. The criminal charges it defends against are among the most severe you can face.

Call our criminal defense for help if you have been accused of a crime, but were acting in self-defense.


Legal References:

  1. Vigil v. People, 353 P.2d 82 (Colo. 1960).

  2. C.R.S. § 18-1-704(2).

  3. Idrogo v. People, 818 P.2d 752 (Colo. 1991).

  4. People v. Willner, 879 P.2d 19 (Colo. 1994).

  5. People v. Toler, 9 P.3d 341 (Colo. 2000).

  6. Young v. People, 107 P. 274 (Colo. 1910) (“a person…may act on such appearances and defend himself, even to the extent of taking human life when necessary, although it may turn out that the appearances were false, or although he may have been mistaken as to the extent of the real or actual danger”).

  7. Beckett v. People, 800 P.2d 74 (Colo. 1990).

  8. People v. Ellis, 30 P.3d 774 (Colo. App. 2001).

  9. C.R.S. § 18-1-704(3)(b).

  10. Castillo v. People, 421 P.3d 1141 (Colo. 2018).

  11. Bush v. People, 16 P. 290 (Colo. 1888) and People v. Willner, Supra.

  12. People v. Silva, 987 P.2d 909 (Colo. App. 1999).

  13. C.R.S. § 18-1-704(3)(c).

  14. C.R.S. § 18-1-706.

  15. See Bush v. People, Supra (“…while a man may use all reasonable and necessary force to defend his real and personal estate, of which he is in the actual possession, against another who comes to dispossess him without right, he cannot instantly carry his defense to the extent of killing the aggressor. If no other way is open, he must yield, and get himself righted by resort to the law”).

  16. People v. Silva, Supra.

  17. People v. Silva, Supra.

  18. People v. Toler, Supra.

  19. People v. Cushinberry, 855 P.2d 18 (Colo. App. 1993).

  20. People v. Gonzales 926 P.2d 153 (Colo. 1996).

  21. People v. Hess, 687 P.2d 443 (Colo. 1984).

  22. People in Interest of JJC, 854 P.2d 801 (Colo. 1993).

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