Self-Defense as an Affirmative Defense to Certain Crimes in Colorado

Self-defense is a widely recognized defense to certain criminal charges. Under Colorado law, individuals accused of a crime may argue that their actions were justified because they were protecting themselves or others from harm. This blog will explain what self-defense requires, when deadly force is justified, the Castle Doctrine, and what it means for self-defense to be an “affirmative defense.”

1. What Does Self-Defense Require to Be Legally Effective in Colorado?

In Colorado, self-defense is governed by C.R.S. § 18-1-704, which outlines when a person is justified in using physical force to defend themselves or someone else.

For self-defense to be legally effective, a defendant must show that:

• They reasonably believed that the use of force was necessary to protect themselves or another person from the imminent use of unlawful physical force.
• The level of force used was proportional to the threat they faced. In other words, the force cannot exceed what is necessary to neutralize the threat.

It’s important to note that self-defense requires a “reasonable belief” that force was necessary. This means the belief must be one that a reasonable person in the same situation would hold. Even if the threat later turns out to have been exaggerated or mistaken, as long as the defendant’s belief was reasonable at the time, self-defense may still apply.

However, there are limitations:

• A person cannot claim self-defense if they were the initial aggressor (unless they withdrew and clearly communicated that intent before the other person escalated the situation).
• Self-defense does not apply if the force was used in response to verbal threats alone.

Is Colorado a “Stand your ground” State? Colorado does not require a person to retreat (or run away) to lawfully claim self-defense or defense of others.

Is Colorado a “Castle Doctrine” State? Yes. This is also called a “Make my day” provision. What this means is that you may claim self-defense when:

1. An intruder unlawfully enters your home, and
2. You have reason to believe they have committed a crime, and
3. You have reasonable grounds to believe the intruder may use physical force against you or an occupant of the home.

2. When Is Deadly Self-Defense Allowed in Colorado?

Deadly force in self-defense is a much more serious matter and is permitted only under specific circumstances. According to Colorado law, deadly force may be used when:

1. The individual reasonably believes that they or someone else is facing imminent danger of death or serious bodily injury.
2. The use of deadly force is necessary to prevent the threat of death or serious harm.

For example, if someone is attacked with a weapon such as a knife, gun, or any object that could cause serious harm, the use of deadly force might be justified. Similarly, deadly force may be appropriate to stop a violent attack, such as a life-threatening assault or home invasion.

However, deadly force cannot be used when:

• The defendant is responding to a minor physical altercation that does not pose a risk of serious harm.
• The defendant provoked the use of unlawful force (unless they clearly withdrew from the conflict).

To justify deadly self-defense, the threat must be immediate and unavoidable. If there was an opportunity to retreat safely, this can factor into whether the use of deadly force was reasonable, though Colorado does not impose a strict duty to retreat before defending oneself.

What types of charges commonly raise Self-defense claims? Many violent charges could potentially raise a self-defense claim, but the most common charge I see is self-defense as a defense to assault.

Always remember, in Colorado your use of self-defense has to be reasonable. In Colorado, you can only use a degree of physical force which you reasonably believe to be necessary for that purpose.

3. Colorado’s Castle Doctrine

Colorado’s Castle Doctrine, established under C.R.S. § 18-1-704.5, provides individuals with significant protections when defending themselves in their homes.

The Castle Doctrine allows a person to use deadly force against an intruder if:

1. The intruder has made an unlawful entry into the individual’s dwelling.
2. The resident has a reasonable belief that the intruder intends to commit a crime in the dwelling or use physical force against an occupant.
3. The resident believes that deadly force is necessary to protect themselves or others.

The key element of the Castle Doctrine is the presumption that an unlawful intruder poses an imminent threat. Unlike general self-defense laws, the Castle Doctrine does not require a homeowner to retreat or assess whether less deadly means of force could be used. This protection is based on the idea that individuals have the right to feel safe in their homes.

Colorado’s Castle Doctrine applies to dwellings, which are generally defined as places where people live, including houses, apartments, and other residences. It does not extend to vehicles or businesses, though general self-defense laws may still apply in those situations.

In short, if someone breaks into your home, has/is committing a crime, and you reasonably believe they pose a threat, you are legally justified in using deadly force to defend yourself and your family. However, you may still be charged with a crime, and you will have to raise a defense of self-defense at trial and hope that a jury agrees that your actions were reasonable.

4. What Does It Mean for Self-Defense to Be an “Affirmative Defense”?

Self-defense is considered an affirmative defense in Colorado. This means that instead of simply denying the charges against them, the defendant is admitting to the conduct (e.g., using physical force) but arguing that it was legally justified.

Here’s how an affirmative defense works:

• The burden of proof initially falls on the defense to introduce evidence that self-defense was justified.
• Once self-defense is raised as an affirmative defense, the prosecution must disprove self-defense beyond a reasonable doubt.

For example, in a case involving assault charges, the defendant might argue that they struck the alleged victim only because they were being attacked first. If the evidence supports a reasonable belief that the force was justified, the burden shifts to the prosecution to prove that the defendant’s actions were not legally justified.

By framing self-defense as an affirmative defense, the law ensures that individuals can justify their actions while still holding the prosecution to the high standard of proof required in criminal cases.

Conclusion

Self-defense is a fundamental legal right, but it must be applied carefully and within the boundaries of Colorado law. Whether it’s general self-defense, the use of deadly force, or protections under the Castle Doctrine, individuals must show that their actions were reasonable and necessary under the circumstances. As an affirmative defense, self-defense can be a powerful argument in court, but it places certain responsibilities on the accused to justify their actions.

If you are facing criminal charges and believe you acted in self-defense, it is crucial to speak with an experienced criminal defense attorney. At the McDowell Firm, we understand the complexities of self-defense laws in Colorado and are committed to building a strong defense on your behalf.

Need Legal Advice? If you or a loved one has been charged with a crime in Colorado Springs and you believe self-defense applies, contact us today for a consultation. Protect your rights and let us fight for you.

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