Colorado Self-Defense Laws

Colorado was one of the first states in America to codify the "castle doctrine" into law. This common-law doctrine permits a homeowner to use a reasonable amount of force up to deadly force in defense of their property and family. Colorado is not a stand-your-ground state, although you may see it described as such. Instead, Colorado has a "make my day" law that is similar and predates the stand-your-ground laws by two decades.

Colorado’s Make My Day Law (named after a movie popular in 1985) was one of the first laws that expanded the castle doctrine to any resident in the home. The Colorado law is an affirmative defense. You must prove you believed you used reasonable force under the circumstances.

"Make My Day Law" versus "Stand Your Ground"

Stand-your-ground laws have become a point of legal confusion since Florida enacted a true stand-your-ground law in 2005. An affirmative stand-your-ground law like Florida’s has two elements that make it different from other laws:

• The law specifically states that a person has no duty to retreat before using deadly force
• The law creates a presumption that the person was in fear for their life and requires the prosecution to disprove the need for the use of force

Not all states have enacted affirmative laws like Florida’s. Many states, like Colorado, have a case law basis for their laws, which presume a defendant has no duty to retreat. Colorado law requires a defendant to make an affirmative self-defense claim and prove they had reasonable grounds for their actions.

Examining Colorado Self-Defense Laws

Colorado’s self-defense statutes use a "reasonable person" standard. You may use force in the defense of oneself or in the defense of others, including deadly force if the person reasonably believes they are in imminent danger of serious bodily injury or death.

Defense of Self or Others (Colorado Revised Statutes § 18-1-704)

You may use physical force to defend yourself or others if:

• You reasonably believe a third person will use physical force against you or another
• The degree of force is no greater than necessary to overcome the force used against you
• Deadly force is reasonable if you fear great bodily harm, kidnapping, robbery, or sexual assault

You cannot use any force, including deadly physical force, if:

• You provoked the initial conflict with the intent of causing harm to the other person
• You were the initial aggressor, unless you attempted to withdraw from the conflict and were unable to do so because the other person continued to use or threaten physical force
• You were engaged in unlawful mutual combat
• You used force because of a preconceived knowledge of the victim’s gender, gender identity, sexual orientation, or sexual preference, including a non-consensual sexual advance

Deadly Force Against Intruders (Colorado Revised Statutes § 18-1-704.5)

The "make my day" provision of Colorado’s self-defense laws, this statute provides that citizens have an absolute right to safety in their own homes.

You may use any force, up to and including deadly force, if:

• Another person has made an unlawful entry into a dwelling
• A resident has a reasonable belief that the entrant has or will commit an unlawful act within the dwelling in addition to the unlawful entry
• The resident has a reasonable belief that the entrant may use physical force against any occupant of the dwelling

Any occupant using physical force under these provisions is immune from criminal prosecution and civil liability. Note that the entry must be unlawful in some way to make a self-defense argument. An act against an invited guest may fall into a different category of self-defense, but not defense against intruders.

Defense of Premises (Colorado Revised Statutes Section 18-1-705)

The lawful owner of a building or premises may use reasonable force to prevent an unlawful trespass or attempted trespass. You may use deadly force only when you believe the trespasser may commit first-degree arson or use physical force against you or another resident of the premises. Premises are considered real property, buildings, and other improvements.

Defense of Property (Colorado Revised Statutes Section 18-1-706)

Property is anything owned that is not real property. You may use physical force to prevent theft, criminal mischief, or tampering with property by another. Use of deadly force is only permitted when justified.

Exemption from Liability for Property Damage (Colorado Revised Statutes Section 18-1-706.5)

Colorado law exempts individuals from criminal liability for criminal mischief, trespass, or tampering for:

• Rendering aid to an at-risk person (elderly person, infant, or disabled adult) or animal
• Forcibly entering a locked vehicle
• The reasonable belief that the person is at risk of imminent harm

Colorado courts and procedures define these terms. The person making entry must contact law enforcement or other first responders. They’re required to make a reasonable attempt to contact the owner of the vehicle before leaving the scene.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the Colorado law(s) before making any legal decisions.

Colorado Self-Defense Laws: Related Resources

• Colorado Criminal Laws
• Colorado Criminal Statute of Limitations Laws
• Colorado Gun Laws

Need Legal Advice About Self-Defense in Colorado? Speak With a Colorado Criminal Defense Attorney

Colorado’s self-defense laws allow a defendant to justify their actions if they reasonably believed they were at risk of great bodily injury or death. You will still need to present a self-defense case to the jury. If you were involved in an altercation and need to prove your innocence, getting legal advice from an experienced Colorado criminal defense lawyer is a good idea.