1. When is self-defense justified 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 follows “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.