Colorado's Self-Defense

Let's delve into Colorado's self-defense laws, breaking down the legal language to help you understand your rights and responsibilities when it comes to protecting yourself, others, and your property.​

1. The Foundation of Self-Defense in Colorado

In Colorado, self-defense is recognized as a legal justification for using physical force when necessary to protect oneself or others from imminent harm. The core principle is that individuals may use reasonable force to prevent injury or death when they have a genuine and reasonable belief that such force is necessary.​

2. Use of Physical Force in Self-Defense

Under Colorado Revised Statutes (C.R.S.) § 18-1-704, a person is justified in using physical force upon another when they reasonably believe it is necessary to defend themselves or a third person from what they reasonably perceive as the use or imminent use of unlawful physical force by that other individual. However, this justification does not apply if the person provoked the other's use or attempted use of unlawful physical force, unless they have withdrawn from the encounter and clearly communicated this to the other person. Additionally, the use of physical force is not justified in response to verbal provocation alone or to resist an arrest made by a peace officer. ​Findlaw

3. Use of Deadly Physical Force

Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:​ Findlaw

  • The other person is using or about to use unlawful deadly physical force; or​

  • The other person is committing or reasonably appears about to commit kidnapping, robbery, sexual assault, or assault with a deadly weapon.​

It's important to note that the belief in the necessity of deadly force must be both genuine and reasonable under the circumstances. ​Findlaw

4. Colorado's "Stand Your Ground" Law

Colorado follows a "Stand Your Ground" policy, meaning individuals have no duty to retreat before using physical or deadly force if they are in a place where they have a legal right to be and are not engaged in an unlawful act. This law allows individuals to "stand their ground" and defend themselves without retreating, provided they reasonably believe such force is necessary to prevent imminent harm. ​Shouse Law Group

5. The "Make My Day" Law and Defense of Premises

Colorado's "Make My Day" law, codified in C.R.S. § 18-1-704.5, allows individuals to use deadly force against an intruder in their home if they reasonably believe the intruder intends to commit a crime and might use physical force. This law provides immunity from prosecution for the use of such force within one's dwelling. ​Wolf Law LLC

6. Defense of Others and Property

Colorado law permits the use of physical force to defend others who are in imminent danger, under the same principles that apply to self-defense. When it comes to property, individuals may use reasonable and appropriate force to prevent crimes such as unlawful trespassing, theft, criminal mischief, and criminal tampering. However, the use of deadly force solely to protect property is generally not justified unless it's to prevent certain serious crimes that involve a threat to personal safety. ​JD Supra

7. Limitations and Responsibilities

While Colorado law provides avenues for self-defense, it's essential to approach such situations with caution and a clear understanding of your responsibilities:

  • Assess the Situation: Ensure that the threat is imminent and that the use of force is necessary.​

  • Use Appropriate Force: Only use the level of force required to neutralize the threat. Excessive force can lead to legal consequences.​

  • Avoid Provocation: If you provoke someone into attacking or threatening you, you cannot later claim self-defense unless you have clearly withdrawn from the encounter and communicated this to the other person.​

  • Aftermath: Be prepared for legal scrutiny following a self-defense incident. Consult with legal counsel to navigate the aftermath appropriately.​

8. Conclusion

Understanding Colorado's self-defense laws empowers you to protect yourself and others within the bounds of the law. While the statutes provide a framework for when and how force can be used, always remember that these situations are complex and can have significant legal and personal repercussions.