[Update] Colorado Self-Defense & “Make My Day” Laws | you make my day แปล – NATAVIGUIDES

Updated: April 26, 2021

Colorado Self-Defense Laws: Make-My-Day laws, reasonable force, and deadly force

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Colorado self-defense laws allow people to use physical force to defend themselves or others when (1) they reasonably believe it to be necessary to protect against imminent harm, and (2) they use only the degree of force appropriate for the situation.

In some cases, this means you can use deadly force. You do not have to withdraw from an altercation before defending yourself. To have the right of legal self-defense, however, you cannot be the aggressor.

CRS 18-1-704 states that:

“…a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.”

Examples

• Marianne is being robbed at gunpoint. She grabs the gun and punches the thief.
• Josh sees Nick assaulting Samantha. Josh steps in to defend Samantha by punching Nick.

Self-defense is a very complicated legal defense. Our Denver Colorado criminal defense attorneys can help you show your conduct was justified. In this article, they explain:

1. When is self-defense justified in Colorado?

Self-defense is a legal defense to a criminal accusation. It quietly admits that you committed the crime. However, it argues that you only did it in order to defend yourself from harm. If successful, self-defense justifies a crime. It means you were only acting out of self-preservation.  A successful self-defense argument means you are not liable for the crime.

Proving a self-defense case under state law involves showing:

• You reasonably believed that you were about to suffer imminent and unlawful force,
• You reasonably believed that immediate force was required to protect yourself, and
• You used a degree of force that you reasonably believed would be necessary to prevent it.

In some cases, use of deadly force can be required for your self-defense.

People defending themselves in Colorado rarely have to retreat before using force. Instead, they are generally allowed to stand their ground. This is true even if they use lethal force in defense.

However, not all cases of self-defense are justified. Self-defense is not a legal defense if you were the aggressor in the fight. Deadly force also is not an option if you were defending your property, but not yourself. The only exception to use such force is if you were trying to prevent an arson.

1.1 How much force can you use?

You can only use as much force as you reasonably believe is necessary to protect yourself.

In many criminal law cases, this means only using as much force as you are being threatened with. However, the degree of force that is justified depends on the situation.

Example: Paul punches George. George takes out a gun and shoots Paul. George may have used too much force for a self-defense argument. The punch did not cause serious bodily injury, so there was no reasonableness to justify using a gun.

1.2 When is deadly force available?

Deadly force can be used in some circumstances for self-defense. You have to reasonably believe that:

• You are in imminent danger of being killed or sustaining great bodily injury,
• The assailant is committing a burglary and is about to use physical force against the occupant, or
• The assailant is committing a kidnapping, robbery, sexual assault, or felony assault.

Your ability to use deadly force is at its peak if you are in your home. This is Colorado’s “Make My Day” law. It is at its weakest if you are only defending your property, not your person.

1.3 Stand Your Ground law

Colorado follows “Stand Your Ground” law. This law allows you to defend yourself without retreating from a fight, first. It allows people to use reasonable and appropriate force – including deadly force – without withdrawing.

Unlike Colorado’s “Make My Day” law, Stand Your Ground applies outside the home, as well.

Example: The driver of a car is trying to run Robert over. Robert pulls out his gun and shoots the driver without trying to get out of the way.

Stand Your Ground can be a defense for people who are trespassing on someone else’s property. However, it only allows trespassers to use self-defense against unlawful force.  Because property owners can lawfully use force against a trespasser, there are some situations where trespassers cannot claim self-defense.

1.4 What is a reasonable belief?

To prove you were acting in self-defense, you have to show you “reasonably believed” several things:

• You were facing imminent harm,
• You had to use force to defend yourself, and
• The amount of force you used was necessary to prevent the harm.

A reasonable belief is different from a subjective belief:

• A subjective belief is something that only you need to have,
• A reasonable belief is something that other people would have in the same situation.

A big part of a self-defense argument is convincing the jury that they would have done the same thing you did.

Importantly, a reasonable belief can still be wrong, in hindsight.  You do not need to be absolutely certain that you need to use force to defend yourself. Instead, it is enough to show an apparent necessity.

Example: David gets thrown out of a Christmas party. He said he was hit in the back of the head and heard a bang as he was pushed out the door. He turns and fires 3 shots into the closed door. These are not reasonable grounds that self-defense was necessary.

1.5 What if you started or provoked the fight?

If you started an altercation, you can only claim self-defense if:

• You withdraw from the encounter,
• Effectively communicate your intent to withdraw, and
• The other person continues to attack.

If these 3 things happen, you turn from the initial aggressor into a victim. This allows you to use force in self-defense.

Additionally, self-defense is not an option if you provoked the fight.  This prevents people from creating an excuse to use self-defense.

Example: Clyde provokes a fight by holding a shotgun when he knocks on Ken’s door. When Ken draws his gun to defend himself, Clyde shoots him.

1.6 What if you agreed to fight?

Self-defense is not an option if you agreed to fight.

Example: Sir William challenges Bertram to a duel. Bertram agrees. Bertram wins the duel by shooting Sit William. Bertram cannot claim self-defense.

1.7 Do you have self-defense rights to defend your property?

You can use force to defend your property. It is still considered self-defense in Colorado. However, you only use force that is reasonable and appropriate to prevent crimes like:

• Unlawful trespassing and unlawful entry,
• Theft,
• Criminal mischief, or
• Criminal tampering.

Example: Johnny tries snatching Claire’s purse. Claire punches him and sprays Mace in his eyes.

Generally, you cannot use deadly physical force in defense of property. You should use a lesser degree of force. You can only use deadly force to protect your property if you are keeping someone from committing arson.

2. When can you use force to defend other people?

The defense of a person other than yourself is very similar to self-defense. You can claim defense of others if you think your intervention is necessary to keep them safe. This usually means you can claim defense of others if they could have claimed self-defense.

In many cases of the defense of others, you do not fully know what is going on. The law recognizes this. It allows you to act on how things seem to be, rather than actual knowledge.

3. What is Colorado’s Make My Day law?

The Make My Day law allows occupants in any Colorado dwelling to kill an intruder if they reasonably believe the intruder intends to commit a crime or inflict physical force on an occupant “no matter how slight.” Occupants have no duty to retreat and may “stand their ground” before confronting the intruder, even if there are easy means of escape.

For the Make My Day law to apply in Colorado, the intruder must have unlawfully entered the home. That does not necessarily mean “breaking in” such as by picking a lot or breaking a window. Merely sneaking in through an unlocked door qualifies as an unlawful entry as long as the intruder was uninvited.

Example: Julie invites Mary over to her house in Denver. They get in a fight, and Julie demands that Mary leave. Mary refuses. Here, Mary did not unlawfully enter the home. Therefore, the Make My Day law does not give Julie the right to use deadly force on her simply for not leaving.

Instead, Julie could call the police to report a trespasser. Or if Mary becomes violent, then Julie could fight back in self-defense, but only to the extent necessary to deflect the threat. Since the Make My Day law does not apply, Julie could not use deadly force unless she reasonably feared Mary would seriously hurt or kill her.

Another requirement for Colorado’s Make My Day law is that the intruder is inside the dwelling. The Make My Day law does not allow an occupant to kill suspected intruders while they are still outside, such as:

• On a porch, balcony, or terrace;
• On top of the roof;
• In the backyard;
• In the common area of an apartment complex;
• In the hallway outside of a hotel room;
• Outside of the front door

In short, Colorado’s Make My Day law gives people stronger rights to self-defense in their homes than anywhere else. And the Make My Day law permits occupants to kill intruders in all types of dwellings, including houses, rental apartments, trailers, and motel rooms. And it does not matter whether the occupant is the homeowner, a tenant, a hotel or Airbnb guest, or a house guest.

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.

4. To what crimes does self-defense apply?

Self-defense is a legal defense. It is often invoked to fight criminal charges of violent crimes. If you successfully show that you acted in self-defense, you cannot be liable for these crimes.

4.1 Second-degree murder

Second-degree murder (CRS 18-3-103) is the act of knowingly killing someone else. It is less severe than first-degree murder, which requires premeditation. For second-degree murder, you just need to be aware that your actions are practically certain to cause death.

If you use deadly force to defend yourself, you could be charged with second-degree murder. If you are able to show that your actions were done in self-defense, you cannot be liable for the crime.

4.2 First-degree assault

First-degree assault (CRS 18-3-202) is the crime of intentionally and seriously hurting someone else. It often involves the use of a deadly weapon. It does not, however, involve a fatality.

If you seriously hurt someone, prosecutors could accuse you of first-degree assault. If you can show that you acted in self-defense, you cannot be liable for the offense.

4.3 Second-degree assault

Second-degree assault (CRS 18-3-203) is the offense of intentionally hurting someone. Unlike first-degree assault, the injuries are not severe.

Self-defense is often an effective legal defense to an accusation that you committed a second-degree assault. If you can show that you only hurt someone to defend yourself or someone else, you cannot be liable for assault in the second degree.

4.4 Domestic violence

In Colorado, domestic violence (CRS 18-6-801) enhances the penalties of other violent crimes. If you commit another crime, like assault, on someone you are in an intimate relationship with, you can be accused of domestic violence.

Defending against the underlying offense can fight against the extra penalties that come with a crime of domestic violence.

Self-defense is a common legal argument against a domestic violence charge. Many instances of alleged domestic violence involve fights and violence from both sides. Self-defense involves showing that you were not the aggressor and responded with reasonable force. If successful, you cannot be held liable for a crime of domestic violence.

4.5 Resisting arrest

Self-defense is not a valid defense strategy against a charge of resisting arrest (CRS 18-8-103).

Resisting arrest is the crime of using violence or force against a police officer making an arrest. The arrest has to be made under the color of law.

Self-defense is not an argument against a charge of resisting arrest, even if it is an unlawful one.  If the arrest is unlawful, you are supposed to comply with the police officer and raise your rights, later.

The only times you can claim self-defense to an arrest are when the officer was not acting under the color of law. Police officers who are off-duty or working as a private security guards are not acting under the color of the law. If they try to arrest you and you resist, you can argue you were acting in self-defense.

See our related article about citizen’s arrests in Colorado.

Call us for help…

Raising a self-defense argument is very difficult. It is also very important. The criminal charges it defends against are among the most severe you can face.

Call our criminal defense lawyers for help if you have been accused of a crime, but were acting in self-defense.

We create attorney-client relationships throughout the state, including Denver, Boulder, Colorado Springs, Centennial, Fort Collins, and more. We officer discount rates and payment plans during the Covid 19 / coronavirus pandemic.

Disclaimer: Past results do not guarantee future results.

Legal References:

Updated: November 20, 2020

My Morning Routine

I get up around 8:00am every day unless I have an early morning coaching call, in which case I’ll be up at around 7:00am. I head to the bathroom and splash water on my face to wake me up further before throwing on some clothes (nice ones if I’m doing a video coaching call) and heading to the kitchen to make an AeroPress coffee and a smoothie for breakfast with the NutriBullet.

Once all of that is done I’ll head downstairs and begin my reading workflow, which I do while sitting in my office with the door open, sitting in my “reading zone” chair.

After I’ve completed all the steps of my reading workflow (Reeder, Zite, Clipboard, and Velocity for my Instapaper queue), I’ll check the calendar for any appointments for the day. If nothing is happening right away, I’ll head upstairs and either say goodbye to my wife and kids for the day or if it’s a Wednesday or Saturday, I’ll begin to hang out with the family.

On the other days (my work days) I’ll look at My 3 Absolutes for the day (three tasks that must get done) which are written down on a sheet of paper that has been placed face down on top of my MacBook Pro the night before. I’ll dive into those absolutes, which basically ends my morning routine and gets my day off and running.

How long has this been my morning routine?

I’ve been working with this morning routine for about two years now, with some minor tweaks along the way to optimize it a bit further. For example, I’ve made it so that Launch Center Pro prompts me to start my reading in the morning and outlines all the steps to my reading workflow within the app. Beyond that, it’s been pretty consistent.

How has my morning routine has changed?

I’ve added things like “Take Vitamin D pill” during the grey months here in Victoria (which isn’t unlike Seattle when it comes to grey skies from November until April or May).

When we bought the NutriBullet that became a more integral part of it as well. But it’s remained fairly simple and easily adjustable when new elements in our home or environment arrive on the scene. The key for me is to avoid complicating the routines I’ve put in place so I can stick to them.

When do I go to sleep?

I am a night owl (or a wolf), so my bedtime is usually around 1:00am these days.

I have a specific evening routine I carry out as well so to help me wind down my day and start the next one with a sense of direction; part of my evening routine is writing down My 3 Absolutes for the next day.

Do I use an alarm clock?

I don’t really use an alarm unless I have a 7:00am call, and I’ll use Sleep Cycle for that so I don’t wake up feeling too groggy. I also have a waking light alarm clock from Phillips that I use in tandem with Sleep Cycle so I wake up more naturally.

What do I eat for breakfast?

The smoothie is my usual breakfast, and it happens almost right away since I have it while going through my morning reading workflow.

Do I have a workout routine in the morning?

When I work out, I tend to do it at around midday so that I have enough energy to make it through the rest of the afternoon and evening, when I’m inclined to be most creative.

What about meditation?

I’m trying meditation more these days, but not in the morning. (I think I’d probably fall back asleep if I did it then!) I’m using the Muse headband for my meditation practice.

I actually think the reading in the morning acts as a mild form of reflection and preparation, so it may do for me at that time of day what meditation does for others.

What about email? When do I take care of that?

I never answer email first thing in the morning. If I go into email early on it’s because I’m going in with a mission from My 3 Absolutes, not because I want to know who has reached out since I was last in email.

I will often check email after I get at least one of my absolutes done, though.

What apps or products I use with my morning routine?

Momentum is the app I use to help me keep my morning routine active. It pushes me a reminder when it is time to start my evening routine so I can get a more restful sleep.

Sleep Cycle is my alarm clock of choice when needed, and Day One is where I journal as part of my evening routine.

How soon do I check my phone in the morning?

It depends, but definitely not first thing. I usually look at my phone about an hour after waking, unless I need it earlier.

What are my most important tasks to tackle in the morning?

I will often do administrative tasks early in the day because I’m not all that creative in the morning in terms of writing. I will do some outlining or planning in the late morning, though, because I find that does get the creative juices flowing.

Email is another thing I’ll tackle in the later part of the morning so I can get through it and create whatever actions need to come from messages so I can get out of email and into the work I need to focus on.

What do I drink in the morning?

My first drink is a decaffeinated coffee that I make with the AeroPress. The brand varies, depending on what my wife buys. But it’s always a decent enough brand – something like Kicking Horse or Salt Spring Coffee.

I save my caffeine intake for later on, when I make myself a pot of CogniTea, normally around 1:00pm or so.

How about weekends? Anything different?

I keep this routine static for weekends, unless I’m on vacation. Then I’ll skip the checking of the absolutes and calendar. But the waking up process and reading remains.

Same goes for my evening routine… especially the journaling aspect.

How do I follow this routine when I’m not at home?

I’m still able to adapt my routine to fit in with a different environment. I’ve kept things simple enough that I can use this routine wherever I am – and I do travel quite a bit.

What I do if I fail to follow my morning routine? How does that influence the rest of my day?

I feel ‘off’ if I miss any aspect of my morning routine. A few days ago I didn’t splash water on my face and I went through the morning feeling out of sync. It usually happens when I’m sick, and so I’ll notice a slowdown in progress anyway. So I guess if I miss it when I’m not sick the same results would occur, only probably not as drastic.

Routines are the ideal way to bookend your day. I think they are the building blocks of effectiveness, efficiency, and efficacy. Without my morning and evening routine, I’d be far less productive than I am, and I’d achieve less in the process.

My Evening Routine

I actually consider my evening routine to be more important than my morning routine. Before I go to bed I review my task management application and select my three absolutes for the next day. Then I complete a daily log in my journal. Then I close my office door as I can leave it behind so that way I can make sure that I don’t go back to work before I go to bed. I often will write down my three absolutes on a whiteboard before leaving my office as well so that way I can tackle them before opening my task management app the next morning. I’m a night owl and I do my best work at night so clearing my head at the end of the day is incredibly important.

How long has this been my morning routine?

This routine has been a staple in my day for the past three years.

What does my last meal of the day look like?

My last meal of the day is normally dinner. So that would usually be a plant-based main dish with perhaps some rice or noodles to go with it. I’m trying to steer clear from wheat so that plays a role in the side dishes well. I occasionally eat meat but not as much as I used to.

What time do I go to sleep?

As mentioned earlier, I usually go to sleep at 1AM.

What temperature do I keep the bedroom at for sleep? 

We keep our bedroom fairly cool. I would say we let the temperature drop to about 15°C.

What time do I wake up?

I usually wake up at 8 AM.

What I do to make mornings easier?

The evening routine always makes my morning easier. I also make sure that I have a glass of water set up in the bathroom – a bottle of water actually – so that way the first thing I drink when I get up in the morning is that bottle of water. But that’s about as easy as I make it considering that the evening routine clears the decks for the next day anyway.

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