Yes. Despite Colorado having no stand your ground statute, the Colorado Supreme Court held you may defend yourself or others in public. You have no duty to retreat, and you can even use deadly force if you reasonably fear imminent death or serious bodily harm.1
Thirty-three states including Colorado recognize the “stand your ground” defense. The first state to recognize “stand your ground” was Florida in 2005.
When is self-defense (and defense of others) allowed in Colorado?
CRS 18-1-704 permits you to use proportional force you reasonably believe is necessary to protect yourself or others from an assault. Reacting with deadly physical force is justified only if you reasonably believe non-deadly force is inadequate and either:
- You have reasonable grounds to believe — and do believe — that you or another victim is in imminent danger of dying or being seriously injured; or
- The aggressor is using — or reasonably appears about to be using — physical force while carrying out a burglary; or
- The aggressor is carrying out — or reasonably appears about to be carrying out — a kidnapping, robbery, or sexual assault.
When building a self-defense case for my clients, I aim to show the judge or jury that they would have responded in the same way as you given the circumstances. The key is to show you acted out of necessity as any reasonable person would in your situation.
When is self-defense (and defense of others) illegal?
Colorado law does not consider the following actions as lawful self-defense or defense of others:
- You provoke the other person to use unlawful physical force and with the intent to bring about physical injury or death to another person; or
- Any physical force is from an unauthorized “combat by agreement,” such as a rumble or gang fight; or
- You are the initial aggressor. The only exception is if you withdraw from the fight and convey your intent to withdraw, but the other person persists in using — or threatening to use — illegal physical force.2
Self-defense or defense of others is also not a defense to charges of resisting arrest unless the officer is acting outside the bounds of the law (such as raping someone).
What is the Make My Day law (Castle Doctrine) in Colorado?
You can “stand your ground” at any location where you are lawfully allowed to be. Meanwhile, Colorado’s “Make My Day Law” under CRS 18-1-704.5 applies only to your residence.
Also called the Castle Doctrine or the “force-against-intruders statute,” Colorado’s “Make My Day Law” permits you to use physical force — including causing death — on an intruder if all of the following are true:
- The intruder breaks into where you are residing (such as your home, hotel room, trailer, a rented apartment, or an Airbnb); and
- You have reasonable grounds to believe that the intruder committed an offense in the dwelling (aside from the intrusion), or that the intruder has committed — or intends to commit — an offense against a person or property; and
- You reasonably believe that the intruder may use physical force (even if very little) against an occupant.
As long as these three conditions are met, you are protected from both criminal and civil liability. There is no express “duty to retreat” even if you could escape the situation without causing anyone harm.3
In practice, “Make My Day” is a stronger defense than “stand your ground” because juries are less likely to question your degree of force used and its outcome when defending your home. Note that the “Make My Day” law applies only to intruders inside the residence and not:
- at the front door,
- on the roof,
- on the patio, terrace, porch, or balcony, or
- in the common area or hallway of an apartment building or hotel.3
The “stand your ground” defense applies to any location you are allowed to be.
What crimes is “stand your ground” a defense for?
Common Colorado criminal charges that you can defend against by claiming “stand your ground” are:
- First-degree murder, which is a premeditated killing
- Second-degree murder, defined as knowingly killing someone, but without premeditation
- First-degree assault, which comprises seriously hurting someone, usually with a deadly weapon
- Second-degree assault, which comprises causing a non-serious injury with a deadly weapon
- Third-degree assault, which is causing a non-serious injury without a deadly weapon
- Domestic violence crimes, which usually involve assault between current or former intimate partners
Can I use deadly force to prevent trespassing?
If someone is trespassing on property that is not a dwelling, CRS 18-1-706 permits you to use deadly force only if:
- you are acting in self-defense or defense of others (as discussed above), or
- you reasonably believe deadly force is required to prevent what you reasonably believe is an attempted first degree arson.
Otherwise, you may use appropriate physical force necessary to prevent or stop what reasonably seems to be either:
- A trespass, or
- An attempted theft,
- An attempted criminal mischief, or
- An attempted criminal tampering involving property.4
Additional Reading
For more in-depth information, refer to these scholarly articles:
- No Ground on Which to Stand: Revise Stand Your Ground Laws So Survivors of Domestic Violence Are No Longer Incarcerated for Defending Their Lives – Berkeley Journal of Gender Law & Justice.
- No Retreat: The Impact of Stand Your Ground Laws on Violent Crime – Criminal Justice Review.
- Shoot to Kill: A Critical Look at Stand Your Ground Laws – University of Miami Law Review.
- From Threat to Victim: Why Stand Your Ground Laws Are Inherently Prejudiced and Do Nother to Further Justice – Hastings Race and Policy Law Journal.
- The Distraction That Is Stand Your Ground – Florida International University Law Review.
Legal References
- CRS 18-1-704. Idrogo v. People (Colo. 1991) 818 P.2d 752. People v. Willner (Colo. 1994) 879 P.2d 19. People v. Toler (Colo. 2000) 9 P.3d 341. People v. Monroe (Colo. 2020) 468 P.3d 1273. People v. Garcia (Colo. 2001) 28 P.3d 340.
- Same. Vigil v. People (Colo. 1960) 353 P.2d 82.
- CRS 18-1-704.5. People v. Cushinberry, (Colo. App. 1993) 855 P.2d 18. People v. Rau, (Colo. 2022) 501 P.3d 803.
- CRS 18-1-706.
