It was one of the scariest things you had to do in a long time: stepping up to defend your friend from an aggressive person in LoDo. You weren’t prepared to fight, but you didn’t want to back down, and you certainly didn’t want your friend to get hurt.
Now you find that your nightmare is just beginning. The person you fought is pressing assault charges. You know that what you were doing was self-defense, but can you prove it? In Colorado, proving self-defense is a matter of establishing the sequence of events, showing intent, and demonstrating in a court of law that your actions were reasonable. However, this isn’t always an easy process and the help of a seasoned lawyer, who knows Colorado’s self-defense laws inside and out, is crucial to your future as an unincarcerated Coloradan.
Denver criminal defense attorney M. Colin Bresee has helped many people facing these issues to present their side of the story to avoid an assault conviction. He can help you understand how these issues might play out in your case. To get started, schedule a free consultation at the Law Offices of M. Colin Bresee today.
What Is Assault Under Colorado Law?
In Colorado, assault is when you intentionally or recklessly cause bodily injury to another person. The nature of the injury and your intent can determine the type of assault you are charged with. Some states call this “battery” instead of assault. However, Colorado treats what is commonly referred to as “battery” in other states as “menacing,” which involves using threats or actions to place another person in fear of imminent serious bodily injury.
Types of Assault
Colorado law recognizes three degrees of assault:
- Third-Degree Assault: The misdemeanor version of assault, this is knowingly or recklessly causing bodily injury, no matter how slight.
- Second-Degree Assault: This felony version of assault includes more serious bodily injury and includes administering drugs to a person without their consent in order to cause impairment.
- First-Degree Assault: This top felony version of assault, which is sometimes called aggravated assault in other states, means that you intended to cause serious bodily harm and did cause serious bodily harm. When you use a deadly weapon to commit assault, it is first-degree assault. The charge also includes threats to law enforcement officers and authorities, including judges and firefighters.
For a more detailed definition and relevant examples, see “What Are the Different Degrees of Assault in Colorado?”
What Constitutes Self-Defense in Colorado?
Self-defense is when you use physical force to defend yourself, others, or property.
Self-Defense Laws Overview
Self-defense is defined in C.R.S 18-1-704, which states that you are justified in using physical force on another person to defend yourself or others from the use or imminent use of physical force by that other person. It also states that you are justified in using the degree of force that you reasonably believe to be necessary.
The law allows you to respond not just when someone is using physical force, but also when you think they are about to use it, and you feel that yourself or others are in imminent danger. You can use as much force as you think is necessary to protect people, but there is the caveat that deadly force is only justified if you think the aggressor is:
- About to seriously harm or kill someone
- Using force as part of a burglary
- Committing kidnapping, sexual assault, or robbery
You are not allowed to claim self-defense if you’re the aggressor or if you provoke the other person into violence. Self-defense does not apply if you arrange a fight with another for a non-sporting purpose.
You can also read our detailed description of Colorado self-defense laws.
Stand Your Ground Law
Colorado is a “stand your ground” state, which means that the courts have determined that people have no duty to retreat from a fight, even if a reasonable avenue of retreat exists. This is true in public as well as in your home. In Colorado, the law states you have the right to defend yourself first and foremost, without imposing a duty to run or hide before confronting your aggressor.
However, Colorado’s right to “stand your ground” does not grant you unlimited options when it comes to self-defense. The following additional Colorado laws apply to this right:
Make My Day Law
A person’s home is their castle; therefore, many states, including Colorado, have implemented versions of the “castle doctrine” regarding in-home-self-defense. In Colorado, the “Make My Day” law dictates that any person can use any degree of force against an intruder in their place of residence, including deadly force if they suspect that the intruder is going to commit a crime in addition to illegal entry (trespassing). This includes a temporary residence such as a hotel room, motel room, or an Airbnb.
However, the law only protects the use of deadly force within the home. Intruders on the porch, in the yard, etc., cannot be met with deadly force unless that level of force is considered reasonable for the situation. Once an intruder enters your home or place of residence with the clear intention to cause harm to your property, your family, or yourself, you may use whatever force is necessary to stop yourself from becoming the victim of a violent crime.
When You Can Use Self-Defense Against Assault Charges
When is it reasonable to use self-defense to avoid assault charges? Self-defense is known as an affirmative defense. This means that the Government must prove that your conduct was not legally authorized under Colorado’s self-defense laws. You have to establish that there was a perceived threat and that you responded with a reasonable degree of force. Here are some of the hurdles you must overcome in order to establish your self-defense case.
The complexities of domestic violence cases mean that people often want to make self-defense claims but also make it hard for each party to prove their claim.
Perceived Threat and Initial Aggressor
In order to establish a self-defense argument, you must establish that you perceived a threat to yourself, other people, or property. This doesn’t mean that the other person had actually started using violence, but that you perceived they might be about to. You can do this by talking about their aggressive posture (balling their fist and pulling it back, reaching for a weapon, or getting into a combat stance, for example), or even their language (“I’m gonna knock you out!” for example might make you think they are about to take violent action).
You also have to establish that you are not the initial aggressor. If you initiated the conflict, by, for example, threatening violence or pushing the other person, you can’t claim self-defense. However, Colorado law does say that even if you’re the initial aggressor, you can claim self-defense if you attempted to de-escalate the conflict by signaling that you didn’t want to fight and tried to retreat.
Arranged Combat Is Exempt from Self-Defense
You also can’t claim self-defense if you met the other person by mutual consent in an unsanctioned fight. This mostly refers to illegal martial arts or boxing contests, but it might be argued if you made a comment such as, “You and me, here, after the game!” Then got in an altercation roughly there and then.
Degree of Force and Reasonableness
The definition of self-defense allows a person to “use a degree of force which he [sic] reasonably believes to be necessary for that purpose.” This both allows for your judgment about the amount of force necessary for self-defense and puts a limit on the level of force that you can use. You must justify the force that you used as reasonable. You don’t have to prove that your choice was right, just that you had a reasonable belief that it was right.
For example, a small person fighting a larger opponent might argue that they perceived an immediate crippling blow was “reasonable” because they could not face their opponent in a prolonged combat and could not otherwise prevent harm. On the other hand, a larger opponent might expect to use their greater strength to grapple and control a smaller opponent rather than immediately escalating to a crippling attack, which might be considered excessive force in the context.
In addition, the law prescribes specific situations where deadly force is justified. Using deadly force (even if it doesn’t result in death) outside of these situations may jeopardize an attempt to use a self-defense strategy.
The Role of a Criminal Defense Attorney
A criminal defense attorney can help you build a self-defense case against assault charges. First, they understand not only the technical meaning but also the way in which courts have interpreted key terms like “perceived threats” and “reasonable force” so they can help you argue your actions fit the definition of self-defense. They can also help gather evidence to build your affirmative defense against assault charges. Plus, they know how to communicate your situation to a jury so that they will see how your actions constituted self-defense, not assault.
Finally, and perhaps most importantly, an experienced criminal defense lawyer like M. Colin Bresee can use his record of successful self-defense arguments to negotiate reduced criminal charges and sentences compared to what you might face in a trial.
You should always contact a law firm before considering making a self-defense argument.
Need Help with Assault or Excessive Self-Defense Charges?
Self-defense can protect you from charges of assault, but only under conditions specifically defined by the law. If you are facing a charge of assault or if your self-defense is being described as “excessive force,” then you need the assistance of someone who understands the law in detail and knows how to overcome these obstacles.
Denver defense attorney M. Colin Bresee has helped many people use a self-defense argument to protect themselves from assault charges and avoid jail time. His knowledge of the law and experience working with attorneys and juries might help you successfully avoid major charges and a sentence that can turn your life upside down.
Please contact the Law Offices of M. Colin Bresee to schedule a free consultation where you will get actual legal advice relevant to your case, unlike this article, which is just for informational purposes.
Disclaimer: Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
