Colorado follows a "no duty to retreat" doctrine. Under Colorado law, a person who is not the initial aggressor has no obligation to retreat before using...
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Colorado follows a "no duty to retreat" doctrine. Under Colorado law, a person who is not the initial aggressor has no obligation to retreat before using physical force, including deadly force, in self-defense.
Key Statute: C.R.S. § 18-1-704 - Use of Physical Force in Defense of a Person
A person is justified in using physical force upon another person 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 may use a degree of force which he reasonably believes to be necessary for that purpose.
Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
A person is not justified in using physical force if:
Important: Only an "initial aggressor" has a duty to retreat before using physical force in self-defense. All other persons (non-aggressors) have no duty to retreat, even if they could safely do so. This principle was affirmed by the Colorado Supreme Court in People v. Toler (2000) and Idrogo v. People, 818 P.2d 752 (Colo. 1991).
Colorado's Castle Doctrine, commonly known as the "Make My Day" law, provides strong protections for occupants of dwellings.
Legislative Intent: The General Assembly recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
Justified Use of Force: Any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when:
Criminal Immunity: Any occupant using physical force (including deadly force) in accordance with this statute shall be immune from criminal prosecution for the use of such force.
Civil Immunity: Any occupant using physical force (including deadly force) in accordance with this statute shall be immune from any civil liability for injuries or death resulting from the use of such force.
A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person.
People v. Toler (2000), No. 98SC858 - The Colorado Supreme Court held that a person does not have to "retreat to the wall" before using deadly force in self-defense, unless the person was the "initial aggressor" in the encounter. The Court confirmed that neither C.R.S. § 18-1-704 nor Colorado caselaw deprives a person of the right to use physical force in self-defense based upon where that person is located at the time of the encounter.
Idrogo v. People, 818 P.2d 752 (Colo. 1991) - The Court rejected the argument that a duty to retreat arises before a defendant may use deadly force in self-defense, confirming that § 18-1-704(2) "contains no language reflecting any intention by the General Assembly to revive the doctrine of retreat."
Boykin v. People, 22 Colo. 496 (1896) - Colorado adopted the "no duty to retreat" rule as part of its common law.
| Scenario | Legal Standard |
|---|---|
| In your dwelling (unlawful entry) | May use any degree of force, including deadly force, under the "Make My Day" law (§ 18-1-704.5); immune from criminal prosecution and civil liability |
| Outside your dwelling (non-aggressor) | No duty to retreat; may use deadly force if you reasonably believe lesser force is inadequate and you face imminent danger of death or great bodily injury (§ 18-1-704) |
| If you are the initial aggressor | Must withdraw and effectively communicate intent to withdraw before using force in self-defense (§ 18-1-704(3)(b)) |
| Defense of premises against trespass | May use reasonable force; deadly force only in self-defense situations or to prevent first degree arson (§ 18-1-705) |
This page covers one part of our Colorado concealed carry guide.
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