Colorado's self-defense law grants you the right to employ physical force in defense of yourself or others, provided you meet two key conditions:
- Reasonable Belief: You must genuinely believe that using force is necessary to guard against imminent harm.
- Proportional Force: The force used should be appropriate for the situation, meaning it aligns with the level of threat.
In certain situations, this may even extend to the use of deadly force. Although there is no obligation to retreat from a confrontation before resorting to self-defense, you cannot be the one initiating the conflict and still claim legal self-defense.
Self-defense laws can be complex, and the specifics can vary depending on the circumstances. If you find yourself in a situation where you need to use force to defend yourself or others, contact an attorney specializing in self-defense law. They can help you understand your rights and navigate the legal process.
When Can You Legally Use Self-Defense in Colorado?
Successfully claiming self-defense means that the individual is not held liable for the crime, as the actions were deemed necessary for self-preservation.
To prove self-defense under Colorado state law, one must demonstrate:
- A reasonable belief that imminent and unlawful force was about to be inflicted.
- A reasonable belief that immediate force was necessary for self-protection.
- The use of a degree of force deemed necessary to prevent the harm.
Self-defense cannot be claimed if the individual was the aggressor in the altercation. 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.
Let’s dive in further to help communicate the nuances of self-defense laws in Colorado.
Is There a Limit to How Much Force Can Be Used?
Yes, in Colorado when it comes to protecting yourself, the key principle is to only apply as much force as you genuinely think is needed to protect yourself.
This translates to only using force equivalent to the threat you are immediately facing. The idea is not to exceed what's required for your self defense.
When Can Deadly Force Be Used?
Using deadly force is allowed in specific situations to protect oneself in the state of Colorado. It is necessary to genuinely believe that:
- You are facing an immediate threat of being killed or seriously injured.
- The attacker is in the act of breaking into a place and is about to use force against the occupant.
- The attacker is involved in a kidnapping, robbery, sexual assault, or a felony assault.
Colorado’s Stand Your Ground Law
The "Stand Your Ground" law means you can protect yourself without having to step back from a confrontation initially. This law permits individuals to employ reasonable and suitable force, even deadly force, without the obligation to withdraw from the situation.
Stand Your Ground serves as a defense for individuals found trespassing on another person's property. This legal principle, however, comes with specific conditions. It grants trespassers the right to use self-defense but only in response to unlawful force.
Property owners also possess the right to use force against a trespasser, as permitted by the law. This means there are instances where trespassers may not be able to assert self-defense.
Colorado’s Make My Day Law
In 1985, Colorado introduced the Make My Day law, formally known as The Homeowner Protection Act and identified under CRS 18-1-704.5.
This law says that if someone breaks into your home and you believe they're going to commit a crime or hurt someone in the house, you're allowed to use deadly force to protect yourself or others, even if the threat seems small.
The law only applies if the intruder got into your home in an unlawful way, and does not permit you to use deadly force outside of the home - or on a porch, in the common area of an apartment complex, in the hallway of a hotel…etc.
It's also not just about breaking in by force; sneaking in through an unlocked door also counts as long as the person was not invited. And the same rules apply whether you own a home, rent a place, stay at a hotel or Airbnb, or visit someone's house.
What is Considered Reasonable Belief?
Reasonable belief is something that other people would have in the same situation. To prove you acted in self-defense, you must show that you "reasonably believed" that:
- There was an immediate threat and you were about to face harm.
- You had no choice but to use force for protection.
- The level of force used was essential to prevent the harm.
A big part of a self-defense argument is convincing the jury that they would have done the same thing you did.
A reasonable belief can still be wrong, in hindsight. You aren't required to be absolutely certain about using force; demonstrating an apparent necessity is sufficient.
Can You Still Claim Self-Defense if You Initiated the Altercation?
If you started a conflict, you can only argue that it was self-defense if you follow these steps:
- Step back and move away from the confrontation.
- Communicate clearly to make sure the other person understands that you want to avoid a fight.
- If the other person keeps attacking despite your efforts to avoid a conflict, then you can use self-defense.
These three things illustrate how you go from being the person who started the disagreement to someone defending themselves - from aggressor to victim. This allows you to protect yourself if needed.
If you're the one who provoked the fight in the first place, claiming self-defense isn't an option. This rule is in place to prevent people from using self-defense as an excuse for starting a confrontation.
It’s also important to note that if you agreed to fight, then self-defense is not an option.
Protecting Your Property: Know Your Self-Defense Rights
In Colorado, you have the right to defend your property using force, as long as it's reasonable and appropriate. This falls under the category of self-defense, and you can use force to prevent various crimes, such as:
- Unlawful Trespassing and Unlawful Entry
- Theft
- Criminal Mischief
- Criminal Tampering
In most cases - except if someone is trying to commit arson on your property - it's not allowed to use deadly force to defend your property.
Can You Use Deadly Force to Defend Other People?
Protecting someone else is akin to defending yourself. When you defend another person, it's like saying you believe your actions are essential to keeping them out of harm's way. This is similar to claiming self-defense, where you act to protect yourself.
When it comes to defending others, there's often a lack of complete information about the situation. The law understands this uncertainty and permits you to act based on your perception of the situation, rather than having concrete knowledge.
What Crimes Can Self-Defense Be Used For?
Self-defense is a lawful way to defend yourself when facing charges related to violent actions. By proving that you acted in self-defense, you can avoid being held responsible for these criminal charges.
In Colorado, self-defense is commonly applied to these major crimes:
- Second-degree murder
- First-degree assault
- Second-degree assault
- Domestic violence
- Resisting arrest
Colorado's self-defense laws offer protection in threatening situations, but navigating these legalities can be complex. If you ever find yourself needing to use force to defend yourself or others, remember this: understanding your rights is crucial.
In a threatening situation, knowing your self-defense rights is critical. A self-defense lawyer can clarify Colorado's laws and ensure your actions are legally justified.
