Colorado’s “Make My Day” law gives people inside their homes broad protection against intruders. But the law is narrower than many people think.
It does not give you the right to shoot someone simply because they stepped onto your property. It does not automatically apply to someone standing on your porch. It does not necessarily apply to someone you invited into your home who later refuses to leave.
When the law does apply, however, its protections are significant. An occupant of a dwelling may use any degree of physical force, including deadly physical force, against an intruder if the specific requirements of the statute are satisfied. The occupant can also be immune from both criminal prosecution and civil liability.
The law is found at C.R.S. 18-1-704.5.
If you used force against someone in your home and police are investigating you, the details matter. Where the other person was standing, how that person entered, whether the person had been invited inside, what you believed was happening, and what you said afterward can all affect whether Colorado’s Make My Day law applies.
This article explains how the law actually works.
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As with every article on this site, this is not legal advice. This is an informational article about the basics of Colorado law. Speak to an attorney about your specific situation. With situations involving self-defense, or use of deadly force, there are many variables on whether that use of force will be deemed to be a legal defense.*
What Is Colorado’s Make My Day Law?
Colorado law starts with a strong statement from the legislature:
Colorado citizens have “a right to expect absolute safety within their own homes.”
That principle became part of Colorado law in 1985.
Under C.R.S. 18-1-704.5, an occupant of a dwelling may use any degree of physical force, including deadly physical force, against another person when the requirements of the statute are met.
Three basic things must exist.
First, the other person must have made an unlawful entry into the dwelling.
Second, the occupant must reasonably believe that the intruder has committed another crime inside the dwelling, or is committing or intends to commit a crime against a person or property, in addition to the uninvited entry.
Third, the occupant must reasonably believe that the intruder might use physical force, “no matter how slight,” against an occupant.
If those requirements are met, the statute authorizes any degree of physical force, including deadly force.
That is one of the major differences between Make My Day and ordinary self-defense.
You Do Not Have to Wait Until an Intruder Uses Deadly Force
One of the most important parts of the statute is often overlooked.
Make My Day does not require you to reasonably believe that the intruder is about to kill you or cause serious bodily injury.
The statute requires a reasonable belief that the intruder “might use any physical force, no matter how slight,” against an occupant.
That is a much different standard from Colorado’s ordinary rules governing the use of deadly force in self-defense.
Under C.R.S. 18-1-704, deadly physical force generally requires considerably more. Among other situations authorized by the statute, a person may use deadly force when the person reasonably believes a lesser degree of force would be inadequate and reasonably believes that the person or someone else is in imminent danger of death or great bodily injury.
Make My Day is different. When all of its requirements are satisfied, the statute specifically allows “any degree of physical force, including deadly physical force.”
What Counts as an “Unlawful Entry”?
This is where many cases become complicated.
It is not enough that you did not want the person inside.
Colorado courts have interpreted “unlawful entry” to require a knowing, criminal entry.
In People v. McNeese, the Colorado Supreme Court explained that an unlawful entry under the Make My Day law requires more than simply showing that someone entered without permission.
The focus is on whether the person knowingly made an unlawful entry.
That distinction can become extremely important when there is confusion about permission to enter, relationships between the parties, mistaken addresses, landlords or tenants, family members, and police officers.
An uninvited entry is not automatically an unlawful entry.
What If You Initially Invited the Person Inside?
This is another important limitation.
Make My Day applies to an unlawful entry. It does not say “enters or remains unlawfully.”
The Colorado Court of Appeals addressed exactly this issue in People v. Drennon.
In that case, the victim knocked on the defendant’s door. The defendant told him to come inside. They later argued, and the defendant told him to leave. When the man did not leave, the defendant stabbed him.
The court held that Make My Day did not apply.
The victim had been invited into the residence. His later refusal to leave did not transform his original entry into an unlawful entry for purposes of C.R.S. 18-1-704.5.
That does not mean someone has no right to defend themselves against an invited guest who becomes violent. Colorado’s ordinary self-defense laws may still apply.
It simply means the special Make My Day immunity may not.
The Intruder Must Be In a “Dwelling”
Make My Day does not apply everywhere on your property.
The Criminal Code defines a dwelling as a building that is used, intended to be used, or usually used by a person for habitation.
That means the property line is not the important line.
The boundaries of the dwelling are.
The Colorado Supreme Court addressed this issue directly in People v. Howell in 2024.
Howell was inside his mother’s apartment. Another man was outside on the doorstep. Howell fired through a security door and struck the man.
The Colorado Supreme Court held that the uncovered, unenclosed, and unsecured doorstep in that case was not part of the dwelling.
Because the other man had never entered the dwelling, Howell could not obtain Make My Day immunity based on that encounter.
That is an important distinction.
Someone can be extremely close to your house without having entered your dwelling.
What About a Porch, Garage, or Apartment Common Area?
There is no safe rule that every porch, garage, basement, or common area is either always covered or always excluded.
The question is whether the particular area qualifies as part of the “building” used for habitation.
Howell tells us that an uncovered, unenclosed, and unsecured outdoor doorstep is not part of a dwelling.
But the Colorado Supreme Court has also made clear that the analysis is not limited to the rooms where someone eats or sleeps.
In People v. Rau, the Colorado Supreme Court held that a shared basement in an apartment building could qualify as part of a tenant’s dwelling. The basement was part of the building and had uses that were incidental to the defendant’s use of his residence.
That decision is important because it rejects a simplistic rule that all shared areas of an apartment building are automatically outside the Make My Day law.
Garages and enclosed porches can present similar questions.
An attached garage that is part of the residential building may present a very different legal issue from a detached structure, driveway, open porch, or front yard.
These cases are extremely fact dependent.
Does Make My Day Apply in a Yard or Driveway?
Generally, no.
A yard or driveway is not itself a building used for habitation.
Someone trespassing on your yard does not automatically trigger Make My Day simply because that person is on your property.
Colorado has separate laws dealing with self-defense, defense of property, and defense of premises.
If the person has not unlawfully entered a dwelling, the special protection of C.R.S. 18-1-704.5 does not apply.
That does not necessarily mean the use of force was illegal. It means the conduct must be evaluated under other Colorado use-of-force laws.
Does Make My Day Apply to a Car?
Ordinarily, no.
A vehicle is not a “dwelling” simply because you happen to be inside it.
An incident involving a person entering or attacking someone in a vehicle would generally be evaluated under Colorado’s ordinary self-defense statutes rather than C.R.S. 18-1-704.5.
Again, that does not mean you cannot defend yourself inside a car. It means Make My Day is usually not the statute that determines whether the force was justified.
Make My Day Is Not the Same as “Stand Your Ground”
These concepts are frequently confused.
Colorado does not have a statute titled “Stand Your Ground.”
Instead, Colorado has long followed a no-duty-to-retreat rule through its self-defense law and court decisions.
The Colorado Supreme Court explained in cases such as People v. Toler and Idrogo v. People that a person who is otherwise entitled to use force in self-defense generally does not have to retreat before doing so. Colorado’s statutory exception applies to an initial aggressor, who generally must withdraw from the encounter and communicate that withdrawal before regaining the right to use force in self-defense.
Make My Day is different.
Make My Day is a specific statute applying to force used against someone who has unlawfully entered a dwelling under the circumstances described in C.R.S. 18-1-704.5.
It also provides something ordinary self-defense usually does not: statutory immunity from criminal prosecution for the use of force when its requirements are satisfied.
For a broader discussion, see our guide to self-defense laws in Colorado.
Make My Day Can Provide Immunity Before Trial
One of the most powerful parts of the law is the immunity provision.
This is more than simply arguing self-defense to a jury.
A defendant can ask the court before trial to dismiss charges based on Make My Day immunity.
The Colorado Supreme Court established the procedure in People v. Guenther.
At the pretrial hearing, the defendant has the burden of proving by a preponderance of the evidence that the requirements for statutory immunity are satisfied.
That means the judge can hear evidence and decide the Make My Day issue before a jury trial takes place.
If the defendant establishes the right to immunity, the court must dismiss the charges to which the immunity applies.
If the judge denies immunity, however, the case is not necessarily over from a self-defense standpoint.
The defendant may still raise the force-against-intruders defense at trial when legally appropriate. At trial, once an affirmative defense is properly raised, the burden applicable to an affirmative defense shifts to the prosecution.
That distinction between pretrial immunity and the defense at trial is important.
Four Questions I Would Ask in a Make My Day Case
When I evaluate one of these cases, I would start with four questions.
- Did the other person actually enter a dwelling?
This can involve photographs, surveillance video, doorbell video, measurements, diagrams, and testimony about the layout of the property.
- Was the entry knowingly unlawful?
Was the person invited? Did someone else who lived there invite the person? Did the person reasonably believe they had permission to enter? Had the person already been inside lawfully?
- What other crime did the occupant reasonably believe was occurring or about to occur?
The unlawful entry alone is not enough.
- Why did the occupant reasonably believe the intruder might use physical force against an occupant?
That belief does not have to involve fear of death or serious bodily injury. The statute expressly says “any physical force, no matter how slight.”
Those questions usually matter much more than whether someone describes the incident as a burglary, home invasion, trespass, or self-defense.
Common Myths About Colorado’s Make My Day Law
“I can shoot anyone who comes onto my property.”
No. The statute requires an unlawful entry into a dwelling. (And there are other factors as well, as laid out above.) Someone standing in your yard or driveway has not necessarily entered a dwelling.
“If someone refuses to leave my house, Make My Day automatically applies.”
No. If you originally invited the person inside, the fact that the person later refuses to leave does not by itself satisfy the unlawful-entry requirement. People v. Drennon addressed this issue directly.
“The intruder has to have a gun.”
No. The statute does not require the intruder to be armed.
“I have to wait until the intruder attacks me.”
No. The statute requires a reasonable belief that the intruder might use physical force, no matter how slight. It does not require you to wait until the first blow is struck.
“The force has to be proportional to the intruder’s force.”
That is not how C.R.S. 18-1-704.5 is written. When all of the statute’s requirements are satisfied, it expressly authorizes “any degree of physical force, including deadly physical force.”
That is very different from ordinary self-defense, where the degree of force and the circumstances permitting deadly force are governed by C.R.S. 18-1-704.
“Make My Day means the police cannot arrest me.”
No.
Police can still investigate a shooting or other use-of-force incident. Prosecutors can still file charges.
Make My Day gives a qualifying defendant immunity from prosecution, but whether the requirements are satisfied can become a disputed legal and factual issue for a judge.
What Should You Do After a Home-Defense Shooting or Use of Force?
If someone has been seriously injured or killed, call 911 and request medical assistance.
Do not disturb or clean the scene.
Preserve doorbell cameras, home surveillance systems, text messages, phone records, photographs, damaged doors, broken locks, and anything else that could document how the person entered or what occurred.
Identify witnesses.
Be respectful and cooperative with law enforcement, but understand the difference between providing basic identifying information and giving a detailed statement about a shooting or serious use of force.
You have the right to remain silent. You also have the right to speak with an attorney before giving a detailed statement.
That can matter enormously in a Make My Day case because your beliefs at the moment force was used are part of the legal analysis.
Criminal Charges After a Self-Defense Incident
When prosecutors believe the use of force was unlawful, potential charges can range from misdemeanor assault to serious felony assault or homicide charges.
The exact charge depends on the conduct, injuries, alleged mental state, and other facts.
You can read more about Colorado assault charges here:
Different Degrees of Assault Under Colorado Law
Second-Degree Assault in Colorado
First-Degree Assault in Colorado
A self-defense case should be analyzed as a self-defense case from the beginning. The defense should not be added after the prosecution has already defined the facts.
Colorado Springs Criminal Defense Lawyer for Self-Defense Cases
I spent years as a prosecutor before becoming a criminal defense attorney.
That experience matters in a self-defense case because these cases often turn on how prosecutors interpret evidence before the case ever reaches a jury.
We look closely at the physical evidence, photographs, surveillance video, 911 recordings, witness statements, police reports, forensic evidence, and the exact layout of the location.
If Make My Day applies, we can evaluate whether to seek dismissal based on statutory immunity.
If it does not apply, we can determine whether Colorado’s ordinary self-defense laws provide a defense.
If you are facing criminal charges after defending yourself or someone else, you can learn more about our Colorado Springs criminal defense practice or contact McDowell Law Firm to discuss your case.
Colorado Make My Day Law FAQ
Can you shoot an intruder in your house in Colorado?
Potentially. Colorado law allows an occupant of a dwelling to use any degree of physical force, including deadly force, when all of the requirements of C.R.S. 18-1-704.5 are satisfied.
An unlawful entry by itself is not enough.
Does an intruder have to be armed?
No.
The statute requires the occupant to reasonably believe that the intruder might use any physical force, no matter how slight, against an occupant. It does not require the intruder to possess a weapon.
Does someone have to break down the door?
No.
Colorado’s Make My Day law does not require a forcible entry. The legal question is whether there was a knowingly unlawful entry into the dwelling.
Does Make My Day apply if someone is standing on my front step?
Not necessarily, and the Colorado Supreme Court has specifically rejected that argument in at least one important situation.
In People v. Howell, the court held that an uncovered, unenclosed, and unsecured doorstep was not part of the dwelling. The person standing there had not entered the dwelling.
What if I invited the person into my house and then told them to leave?
Make My Day generally does not apply simply because an invited guest later refuses to leave.
People v. Drennon held that the statute requires an unlawful entry and does not include merely “remaining unlawfully.”
Ordinary self-defense may still apply if the person threatens or attacks you.
Does Make My Day apply to an attached garage?
Possibly.
The answer depends on whether the particular area qualifies as part of the dwelling under Colorado law. Colorado courts look at whether the area is part of a building used for habitation and how that area relates to the residential use of the building.
This is a fact-specific issue.
Is Colorado a Stand Your Ground state?
Colorado has a long-standing no-duty-to-retreat rule, but it does not have a statute formally titled “Stand Your Ground.”
A non-aggressor who is otherwise justified in using force generally does not have to retreat before defending himself or herself.
That rule is separate from Colorado’s Make My Day statute.
Can I still claim self-defense if Make My Day does not apply?
Yes, potentially.
Failure to qualify for Make My Day immunity does not automatically mean the use of force was criminal.
Colorado’s general self-defense law under C.R.S. 18-1-704 may still justify the use of force depending on the circumstances.
Legal Sources
C.R.S. 18-1-704.5, Use of Deadly Physical Force Against an Intruder
C.R.S. 18-1-704, Use of Physical Force in Defense of a Person
People v. McNeese, 892 P.2d 304 (Colo. 1995)
People v. Drennon, 860 P.2d 589 (Colo. App. 1993)
People v. Guenther, 740 P.2d 971 (Colo. 1987)
Idrogo v. People, 818 P.2d 752 (Colo. 1991)
People v. Toler, 9 P.3d 341 (Colo. 2000)
Other Reading
The post Colorado Make My Day Law: When Can You Use Force Against an Intruder? first appeared on McDowell Law Firm.
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