What is Self Defense in Colorado?
Self-defense is a legal defense against a violent crime. It justifies a defendant's use of force against another person, on the basis they were protecting themselves against an imminent threat of harm or death.
The defense attorneys at Grande Law understand how challenging it is to be facing criminal charges in Colorado. Navigating the complexities of a "self defense" defense can be complicated. The attorneys at Grande Law can help you better understand whether self-defense the appropriate defense for you.
Imminent Threat
Self-defense usually requires the defendant to be in fear of immediate harm. This harm could be a verbal or actual threat of physical harm, although offensive words alone are not enough. Once the threat ends, the harm is no longer imminent and the defendant cannot rely on self-defense.
Reasonable Fear of Harm
The defendant's fear of harm must also be reasonable. To assess this, the jury considers whether an ordinary and reasonable person in the same situation would have also believed there was an imminent threat of harm. If the answer is no, then self-defense does not apply, although imperfect self-defense may be available to the defendant.
Proportionate Response
The defendant's use of force cannot be excessive, it must be proportionate to the threat. For example, if a victim raises their hand to slap a defendant and the defendant shoots at them, this would be an excessive response. For lethal force to be proportionate and therefore justified, the defendant usually must be in fear of death.
Duty to Retreat
Some states require a defendant to attempt to escape the harm before resorting to force. Under the duty to retreat, a defendant must demonstrate they had no other choice but to use force.
Make My Day Law
Some states have removed the duty to retreat where a defendant is facing an intruder in their home. Colorado's "Make My Day Law" permits a defendant to use potentially lethal force in this situation without first attempting to escape the situation.
Formally entitled The Homeowner Protection Act, the Make My Day law was adopted in Colorado in 1985 under CRS 18-1-704.5. It is Colorado's version of The Castle Doctrine, a legal principle that people have the right to “absolute safety” while in their homes. Even if the intruder meant no harm, the Make My Day law protects occupants from both criminal and civil liability as long as they reasonably believed the intruder meant to harm.
Stand Your Ground
Colorado is one of 33 states in the US that has enacted a Stand Your Ground law. This law allows a person to use deadly force in self-defense without a duty to retreat, even in a public space. The law has been controversial since its inception, with supporters arguing that it provides the necessary protection for law-abiding citizens and opponents warning of the potential for abuse and escalation of violence. Stand Your Ground Law originated in Florida in 2005 and have since been enacted in many other states, including Colorado in 2017. The law essentially allows a person to use deadly force in self-defense without a duty to retreat, even if they are in a public space. Previously, the law in Colorado required that a person first try to retreat before using deadly force in self-defense.
In Colorado, the Stand Your Ground Law allows people to use deadly force in self-defense if they believe it is necessary to protect themselves or others from imminent harm. The person does not have to retreat first and can use deadly force anywhere they have a legal right to be, including public spaces. However, the person must reasonably believe that using deadly force is necessary to prevent imminent death or serious bodily injury.
While Stand Your Ground laws provide individuals with more protection in self-defense situations, it's important to remember that using deadly force can still have serious consequences. In Colorado, if you use deadly force in self-defense and cause the death of another person, you may face criminal charges, including homicide or manslaughter. Even if you are ultimately acquitted of criminal charges, you may still face civil lawsuits from the deceased person's family.
What Does Imperfect Self-Defense Look Like in Colorado?
Imperfect self-defense usually applies where a defendant kills someone with an honest but unreasonable belief that there was an imminent danger at the time or that lethal force was necessary to prevent the harm.
The general rule on self-defense is that the defendant must have had a reasonable fear of imminent harm, and they must have used a reasonable amount of force, which must have been proportionate to the force being used against them. However, there are also situations in which the defendant acts on an unreasonable fear of imminent harm or in which the defendant uses an unreasonable amount of force. This is known as imperfect self-defense. It cannot defeat a charge entirely, but it may allow a defendant to reduce the level of the charge and the associated penalties.
Contact a Criminal Defense Attorney in Colorado Today
By calling Grande Law at 9708195032 and scheduling a Free consultation, we can further explain self-defense as an appropriate tool for defending against any possible criminal charges.