Colorado’s use-of-force laws let you defend yourself with physical force when you reasonably believe someone is about to use unlawful force against you, but the amount of force you use has to match the threat. Non-deadly force is available in a wide range of situations. Deadly force is reserved for an imminent risk of death or serious bodily injury, or a handful of violent felonies in progress. And Colorado does not require you to retreat before defending yourself anywhere you have a lawful right to be.
When You Can Use Non-Deadly Force
The core rule sits in C.R.S. § 18-1-704. You can use physical force against another person to defend yourself or someone else from what you reasonably believe is the use or imminent use of unlawful physical force.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions Two things have to be true. You must actually believe force is necessary to stop the threat, and the force you use must be what a reasonable person would consider necessary under the same circumstances.
That second piece is where cases turn. A jury does not evaluate whether you personally felt afraid. It asks whether an ordinary person facing the same situation would have perceived the same threat and responded with a similar level of force. Prior threats, the size difference between the parties, and the aggressor’s history of violence can all shape how a jury weighs that question.
If a court finds you used more force than the situation warranted, the self-defense claim fails and you face whatever charges fit what you actually did. Excessive non-deadly force can be prosecuted as third-degree assault, a Class 1 misdemeanor carrying up to 364 days in jail and a fine of up to $1,000.2FindLaw. Colorado Revised Statutes Title 18 Criminal Code 18-1.3-501 – Misdemeanors Classified The justification also disappears the moment the threat ends or the aggressor retreats. Continued force after that point is offensive, not defensive.
When Deadly Force Is Justified
The bar for deadly force is much higher. Under C.R.S. § 18-1-704(2), you can use force intended or likely to cause death or serious bodily injury only when you reasonably believe a lesser degree of force would not be enough to stop the threat.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions Even then, deadly force is justified in only three situations:
- You reasonably believe that you or another person faces an imminent risk of being killed or suffering serious bodily injury. Colorado defines “serious bodily injury” as harm involving a substantial risk of death, permanent disfigurement, protracted loss of organ or limb function, broken bones, penetrating wounds, or second- or third-degree burns.
- The other person is committing or appears about to commit kidnapping, robbery, sexual assault, or felony assault.
- An intruder uses physical force against an occupant of a dwelling while committing a burglary.
Getting this wrong carries steep consequences. An unjustified killing can be prosecuted as second-degree murder, a Class 2 felony with a presumptive sentence of 8 to 24 years.3FindLaw. Colorado Revised Statutes Title 18 Criminal Code 18-3-103 – Murder in the Second Degree4Colorado General Assembly. Overview of Colorado Sentencing Scheme A killing in the heat of passion caused by serious provocation can instead be charged as a Class 3 felony with a lower sentencing range.
No Duty to Retreat
Colorado does not require you to run away before defending yourself. The Colorado Supreme Court confirmed in People v. Toler (2000) that a person does not have to “retreat to the wall” before using deadly force in self-defense, as long as they are not the initial aggressor.5FindLaw. People v. Toler – Colorado Supreme Court The court noted that when the legislature adopted C.R.S. § 18-1-704, it expressly stated that the statute codified the common-law rule and omitted any retreat requirement.
This is sometimes called a stand-your-ground rule, though Colorado has no statute by that name. The practical effect is the same. If you are somewhere you have a lawful right to be and you face a genuine threat, you are not required to try to escape before using proportional force. The one exception is the initial aggressor, who must withdraw and clearly communicate that withdrawal before regaining the right to use force in self-defense.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions
The Make My Day Law Inside Your Home
Colorado’s Make My Day law, C.R.S. § 18-1-704.5, gives occupants of a dwelling the broadest protections in the state’s use-of-force framework. If someone unlawfully enters your home, you may use any degree of physical force against them, including deadly force, and you are immune from both criminal prosecution and civil liability.6Justia. Colorado Code 18-1-704.5 – Use of Deadly Physical Force Against an Intruder But three conditions all have to be met:
- The other person made an uninvited, unlawful entry into the dwelling.
- You reasonably believe the intruder has committed, is committing, or intends to commit a crime in the dwelling beyond the uninvited entry itself.
- You reasonably believe the intruder might use any physical force, no matter how slight, against any occupant.
That third condition trips people up. The statute does not grant blanket immunity the moment someone steps inside your home uninvited. You still need a reasonable basis to believe the intruder poses a physical threat to someone inside, though the threshold for that belief is deliberately low.
What Counts as a Dwelling
Colorado defines a “dwelling” as a building used, intended for use, or usually used for habitation. Houses, apartments, hotel rooms, and RV trailers that serve as living quarters all qualify. Common areas of apartment buildings, front porches, yards, and detached garages do not. Neither does a motor vehicle, even one you live in, because the statute requires a “building.”
If someone attacks you in your driveway or backyard, the Make My Day immunity does not apply. You would instead rely on the general self-defense provisions of C.R.S. § 18-1-704, which still protect you but require proportionality between the threat and your response.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions
Force to Protect Property
The rules for protecting property are significantly more restrictive than the rules for protecting people. Two statutes govern the area. C.R.S. § 18-1-705 covers premises like buildings and real property, and C.R.S. § 18-1-706 covers personal property.
If you possess or control a building or piece of real property, you can use reasonable physical force to prevent or stop an unlawful trespass. Deadly force is off limits for simple trespass, with only two narrow exceptions: defense of yourself or another person under the standard self-defense rules, or when you reasonably believe deadly force is necessary to prevent first-degree arson.7Justia. Colorado Code 18-1-705 – Use of Physical Force in Defense of Premises
For personal belongings, you can use reasonable force to prevent theft, criminal mischief, or criminal tampering.8Justia. Colorado Code 18-1-706 – Use of Physical Force in Defense of Property Deadly force is not allowed to protect property alone. If someone is stealing your car, you cannot shoot them unless the situation independently rises to a threat against your life or safety under the general self-defense standard.
When You Lose the Right to Self-Defense
Colorado law carves out four situations where the self-defense justification is unavailable, no matter how real the threat feels in the moment.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions
- You provoked the fight. If you intentionally goaded someone into using unlawful force so you could injure or kill them, you cannot claim self-defense.
- You were the initial aggressor. Whoever starts the physical confrontation generally cannot turn around and claim self-defense. The exception is genuine withdrawal: if you clearly back away and communicate that you are done, and the other person keeps coming, your right to defend yourself can revive.
- Mutual combat. If both parties agreed to fight, neither can claim self-defense. Sanctioned activities like boxing are explicitly excluded from this bar.
- Bias-motivated force. You cannot use force against someone based on discovering or learning about their actual or perceived gender identity, gender expression, or sexual orientation, including in response to an unwanted, nonforcible romantic advance.
The initial aggressor rule is where most cases get complicated. Arguments escalate, both people shove, and juries have to sort out who crossed the line first. Withdrawal matters here, but it has to be real and clearly communicated to the other person.
How Self-Defense Works in Court
Self-defense in Colorado is an affirmative defense. You have to raise it and put on evidence supporting it. Once you do, the burden shifts to the prosecution, which must then disprove your self-defense claim beyond a reasonable doubt. The state does not just have to prove you committed the act; it must also prove your actions were not legally justified.
There is one wrinkle. Under C.R.S. § 18-1-704(4), if a defendant presents evidence of self-defense but does not meet the threshold for a full affirmative defense instruction, the court will tell the jury it can consider the self-defense evidence when deciding whether the defendant acted recklessly or with criminal negligence. In that scenario, the prosecution does not carry the formal burden of disproving self-defense.1Justia. Colorado Code 18-1-704 – Use of Physical Force in Defense of a Person – Definitions The distinction can change how a jury is instructed and what the prosecution ultimately has to prove.
Pretrial Immunity Under Make My Day
If your case involves force used against an intruder inside your home, you have an additional option: a pretrial hearing to seek immunity under the Make My Day law before the case ever reaches a jury. At that hearing, you carry the burden of establishing immunity by a preponderance of the evidence. If you succeed, the court must dismiss the charges outright.6Justia. Colorado Code 18-1-704.5 – Use of Deadly Physical Force Against an Intruder Losing the pretrial motion does not lock you out of self-defense at trial. You can still raise it as a standard affirmative defense in front of the jury.
Police Use of Force Is a Separate Framework
The rules above govern civilians. Colorado peace officers operate under a different statute, C.R.S. § 18-1-707, which requires nonviolent means whenever possible and sets tighter conditions on when deadly force is available.9Justia. Colorado Code 18-1-707 – Use of Force by Peace Officers – Definitions If your question involves an officer’s conduct rather than a civilian’s, that statute and the 2020 reforms in Senate Bill 20-217 are the starting point.