As an initial concept, self-defense laws were conceptualized as justifying physical violence up to and including the use of deadly force when you didn’t have another option to protect yourself or others. However, stand-your-ground laws modify this concept because they allow you to be protected by self-defense laws even if you haven’t considered all the alternatives, including just walking away from the situation.
Colorado is often considered a “stand your ground” state even though we don’t have a stand-your-ground law. That’s because the Colorado Supreme Court has repeatedly found that Coloradans don’t have a duty to retreat before using physical force to defend themselves. Because this law is not part of the statutes, it can be harder for non-lawyers to understand, and the expertise of a Denver criminal defense lawyer can be invaluable if you want to take advantage of these provisions of the law.
If you are being charged with assault but believe you acted in self-defense, let Denver criminal defense attorney Colin M. Bresee help. Colin has helped many people successfully defend themselves against criminal charges using a strong self-defense strategy. He knows how to help you communicate the situation to a jury so that they will understand why you reasonably believed you had to use physical force to defend yourself, others, or property.
Have you been charged for acting in self-defense? Any move you make now can jeopardize your case, so consider scheduling a free initial consultation at the Law Offices of M. Colin Bresee now.
What Is the Stand Your Ground Law?
The underlying premise of self-defense laws is that it’s acceptable to use violence when necessary to protect yourself and others from physical violence. However, self-defense laws vary in the degree to which they require defenders to justify the necessity of violence.
In some states, violence is only justifiable if it’s the only realistic way to protect yourself and others. In these states, you have a duty to retreat if possible. In other words, in some states, if you can simply walk away from an altercation rather than respond with violence, then that is your responsibility.
However, in stand-your-ground states, a person faced with a violent attack in a public place doesn’t have a duty to retreat. Instead, they can choose to respond with violence even if they might have been able to safely walk away from an aggressor.
Is Colorado a Stand Your Ground State?
Yes, Colorado is considered a stand-your-ground state, even though it lacks a formal statute clarifying the law. Instead, judges have reaffirmed that, in Colorado, no one has a duty to retreat when faced with violence in a public place or common area.
Under Colorado’s self-defense laws, you only have the right to self-defense if you have a reasonable belief that the other person is going to use “unlawful physical force” on either you or another person. Then you are authorized to “use a degree of force which [you] reasonably [believe] to be necessary for that purpose.” Lethal force is only authorized in cases where there is a threat of serious bodily injury, kidnapping, sexual assault, or other types of serious crimes.
Note that there are two different places in this statute where reasonable belief comes into play. Self-defense is an affirmative defense, which means that you have a burden to prove that your belief is reasonable and that you had reasonable grounds to believe that the amount of force you used was necessary.
Even without having a duty to retreat, justifying your choice to use violence and your degree of violence to a judge and jury can be challenging without an expert lawyer.
Colorado’s Make My Day Law
People often equate stand-your-ground laws with the castle doctrine, which in Colorado is colloquially referred to as the “Make My Day Law.”
This law starts from the premise that citizens “have a right to expect absolute safety within their own homes.” Therefore, it allows a homeowner or any occupant of a dwelling to use any degree of physical force, including deadly force, against a person who has made unlawful entry into their home and threatens additional crimes.
These additional crimes might be:
- Theft
- Arson
- Destruction of property
- Any physical force against an occupant
If you reasonably believe that the person who is in your home might do any of these things, you are allowed to use deadly force against them, as long as they are still in your home.
This is different from the law’s general allowance that you can use physical force to defend property, which only allows deadly force if you feel you or others are being threatened with serious physical harm, or if you believe the person is attempting to commit first-degree arson.
Like stand-your-ground laws, the Make My Day Law doesn’t say you have a duty to retreat, but it gives broader authorization for deadly physical force, which still needs to be justified in a stand-your-ground situation.
How Colorado Law Compares to Other States
In general, there are three paths that states follow in dealing with this issue. In some states, there is a specific statute as part of the state’s self-defense laws clearly stating that a person doesn’t have a duty to retreat before defending themselves. The majority of states (29) specify clearly that a person has no duty to retreat before using force in self-defense. Florida was one of the first states to enact this type of law, and it became controversial nationwide when it was used to exonerate George Zimmerman in the killing of Trayvon Martin.
However, it’s important to note that not all states are exactly alike in their statutes. For example, in Pennsylvania, there is a duty to retreat if one can do it safely before using deadly force, except when the other person has a deadly weapon (or a convincing replica of a weapon).
Thirteen states have laws saying that you have a duty to retreat before using force in self-defense, especially deadly force. The closest state that has this type of law is Nebraska. In Nebraska, there is a duty to retreat before using deadly force unless a person is in their home.
Seven other states are similar to Colorado, including the neighboring states of Oklahoma and New Mexico, as well as California.
Analysis shows that violent crimes, including homicides, increase when states pass stand-your-ground laws.
Legal Consequences of Self-Defense Cases
Whenever you use physical force, you might be charged with a crime, including assault or even murder. It’s possible that making the case for self-defense could protect you from these charges, but this can be challenging.
First, you have to establish that it was reasonable for you to feel a threat of imminent illegal use of physical force. It’s one thing to feel the certainty in the passion of the moment. It’s another thing to communicate that certainty in the cool, structured environment of the courtroom when jurors are facing no such threat.
At the same time, prosecutors might be using evidence to demonstrate that the force you used was excessive. They will show pictures of wounds and make it hard for you to convince a jury that your use of force was reasonable.
In addition, admitting to your actions even when trying to claim self-defense claims might expose you to civil liability. An injured person or survivors of a deceased individual can bring lawsuits for an injury or wrongful death.
The Make My Day law explicitly protects people against civil liability. However, other self-defense laws don’t have this provision. It’s crucial to carefully consider whether bringing a marginal self-defense case is worth the risk. The evidence might be enough to avoid criminal charges, where the standard of proof is highest, but might actually make you more vulnerable to civil penalties.
Why Consult Attorney M. Colin Bresee?
If you are facing charges of assault or murder, but you think you acted in self-defense, you should not attempt to make your case yourself or trust it to a public defender. Self-defense cases are extremely complicated, especially those based on case law like stand-your-ground defenses. If not handled properly, they can have unanticipated consequences. There are many situations where you might fail to get full benefit from your defense, expose yourself to additional charges, or find yourself the target of a civil lawsuit.
Denver criminal defense attorney M. Colin Bresee has worked on both sides of criminal law, first in several district attorney’s offices, but since then defending many people from criminal charges through the successful use of solid defense strategies, including using self-defense against assault or murder charges. He knows how Colorado law works and how he can make it work for you.
We believe everyone deserves the best defense possible under the law, and that’s why we offer free initial consultations and payment plans that fit your budget. Don’t let cost keep you from getting the defense you deserve.
Please call immediately to schedule a free consultation to learn how Mr. Bresee can defend you from violent criminal charges and protect your freedom.
Disclaimer: This is an informational article, does not constitute legal advice, and does not establish an attorney-client relationship.
