Colorado is a “stand your ground” state, meaning you have no legal duty to retreat before using force-including deadly force-to defend yourself or others from bodily harm, as long as you are in a place where you have a legal right to be.
If you reasonably believe that someone is about to physically assault you or another person, you may respond with proportional force. For example, if you are threatened with serious injury or death, you can use deadly force if you believe it is necessary to prevent imminent danger.
When Can You Use Force?
- Proportional Response: The force you use must match the threat. Deadly force is only justified if you reasonably believe it is necessary to prevent imminent death, serious bodily injury, or certain violent crimes such as burglary, kidnapping, robbery, or sexual assault.
- No Duty to Retreat: You are not required to try to escape or retreat before defending yourself, whether you are in public or private spaces, as long as you are lawfully present.
- Defense of Others: The law also allows you to use force to protect others from immediate harm.
Key Limitations
You cannot claim stand your ground protection if:
- You are the initial aggressor (unless you clearly withdraw and communicate your intent to stop, but the other party continues to attack).
- The fight is a mutual or agreed-upon combat (such as duels or gang fights).
- You are resisting a lawful arrest (unless the officer uses excessive force).
Stand Your Ground vs. “Make My Day” Law
Colorado’s “Make My Day” law, also called the Castle Doctrine, is a separate but related law that applies specifically to your home (including apartments, hotel rooms, and RVs). Under this law, you may use any degree of force-including deadly force-against an intruder if:
- The intruder unlawfully enters your home,
- You reasonably believe the intruder has committed or intends to commit a crime in addition to the unlawful entry,
- You reasonably believe the intruder may use any physical force, even slight, against you or another occupant.
This law does not apply to common areas, porches, or outside the home-it is strictly for incidents inside your residence.
Summary Table
| Situation | Duty to Retreat? | Use of Deadly Force Allowed? |
|---|---|---|
| In public, lawfully present | No | If you reasonably believe it’s necessary to prevent imminent death or serious injury |
| In your home (Make My Day Law) | No | If intruder unlawfully enters and poses threat |
| If you are the initial aggressor | N/A | Not protected unless you withdraw |
| Mutual combat or resisting arrest | N/A | Not protected |
Colorado law allows you to stand your ground and defend yourself or others with reasonable force, without a duty to retreat, as long as you are not the aggressor and are lawfully present. The “Make My Day” law offers even stronger protections inside your home.
Sources:
- https://www.shouselaw.com/co/blog/laws/is-colorado-a-stand-your-ground-state/
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://www.jilljacksonlaw.com/colorado-stand-your-ground-law/
- https://www.rightlawgroup.com/colorado-self-defense-laws/