Colorado is considered a stand your ground state, meaning individuals have no legal duty to retreat before using physical force, including deadly force, if they reasonably believe it is necessary to defend themselves or others from imminent harm. This principle applies not just inside one’s home but also in public spaces or anywhere the person is lawfully present.
Key Legal Foundations
- No Duty to Retreat: Under Colorado law, if someone feels threatened with bodily harm, they are not required to first attempt to escape or retreat before defending themselves. If escape isn’t a safe or viable option, defending oneself directly is justified.
- Proportional Response: The force used must be proportionate to the threat. Deadly force is permissible only if the defender reasonably believes it is necessary to prevent imminent death or serious bodily injury, or to counter certain violent felonies like kidnapping, robbery, burglary, or sexual assault.
- Who Is Protected? The law covers both defense of self and defense of others. For example, if you see someone else in imminent danger, you may lawfully intervene with appropriate force.
The “Make My Day” Law
While Colorado’s stand your ground principle applies broadly, there is a related but distinct concept called the “Make My Day” law, sometimes referred to as the Castle Doctrine:
- This law gives residents enhanced legal protection when confronting intruders inside their home. Residents may use physical, even deadly, force against an intruder if:
- The “Make My Day” law applies to traditional homes as well as hotel rooms, apartments, and similar private spaces. It does not apply to areas like porches, yards, or common areas.
Limits and Exceptions
- Initial Aggressor: If you started the confrontation, you generally cannot claim stand your ground—unless you clearly withdraw and communicate that withdrawal, and your assailant continues to escalate.
- Illegal Fights: You cannot use stand your ground as a shield in mutual combat situations like duels or gang fights.
- During Lawful Arrest: You may not resist arrest under stand your ground laws unless the officer is using unlawful excessive force.
- Defense of Property: Lethal force is not justified solely to protect property (except in some arson situations); you must reasonably fear for life or serious injury.
Legal and Practical Considerations
- Burden of Proof: The defendant must show they acted as any reasonable person would in a similar situation; evidence such as eyewitness accounts or video is vital to support a claim.
- Civil Liability: Even successful criminal defenses under stand your ground can potentially be followed by civil lawsuits brought by victims or their families.
- Not Codified by Statute: Colorado’s stand your ground principle is shaped largely by court decisions (“case law”) rather than a single statutory provision. The principle is recognized and enforced, but it’s important to know the law’s boundaries and consult an attorney in questionable situations.
Colorado’s Stand Your Ground law allows individuals to use reasonable—potentially deadly—force to defend themselves or others from imminent threats without requiring retreat, so long as the response matches the severity of the circumstance and the person is lawfully present. The law is nuanced, and its application can vary by details, making legal advice critical in any real-world confrontation.
Sources
[1] https://www.shouselaw.com/co/blog/laws/is-colorado-a-stand-your-ground-state/
[2] https://www.jilljacksonlaw.com/colorado-stand-your-ground-law/
[3] https://www.diegocriminaldefense.com/colorados-stand-your-ground-law-what-you-need-to-know/
[4] https://www.jdsupra.com/legalnews/is-colorado-a-stand-your-ground-state-7164831/
[5] https://www.reddit.com/r/COGuns/comments/km5bck/colorado_law_myth_1_colorado_is_a_stand_your/
