If you have ever needed to use physical force, or even deadly force, to protect yourself or your family, you know that moment is terrifying. The aftermath can be just as frightening when police and prosecutors suddenly question your actions, making you feel like the criminal instead of the victim. You are likely scared, confused, and struggling to understand whether the Colorado “Stand Your Ground” law recognized your right to self-defense.
Our experienced Boulder, Colorado, homicide defense attorneys know that your legal fight is an intensely personal one. At Merson Law Office, LLC, we meet that uncertainty with the aggressive, experienced defense strategy you need, founded on the principle that every case is defensible.
Give us a call at (970) 219-2923 or fill out our online form today for a free consultation.
Yes. While Colorado does not have a specific “stand your ground” law, the Colorado Supreme Court affirms your right to use physical force through its self-defense laws. You can “stand your ground” even if you could have avoided the confrontation by fleeing the area. Essentially, there is no Colorado duty to retreat. This principle applies to the use of both non-deadly and deadly force.
Crucially, the state requires that your use of force must be reasonable and necessary. Reasonable necessity means more than just what you felt at the time; it means that an average, sensible person in your exact situation would have also believed that the same amount of force was needed.
For users seeking clarification between the two primary laws regarding self-defense, it is important to understand their fundamental differences.
This law pertains only to defense within your home against an intruder who has unlawfully entered. It grants broad immunity, allowing a person to use deadly force against an intruder if they reasonably believe the intruder might use force against them or someone else who lives there. This law is an automatic defense designed to protect your home.
The law applies everywhere, including on the street, in a parking lot, and at work. It states you do not have to try to leave before using non-deadly force. However, it still requires you to prove that the deadly force you used was necessary to immediately stop someone from trying to kill you. The burden of proving reasonableness is much higher outside of your home.
While both laws authorize self-defense, the Make My Day law provides more protection inside the home. “Stand your ground” applies anywhere, but it demands a stricter standard of reasonable belief.
Yes, the right to self-defense is not unconditional, and specific circumstances can strip you of the ability to claim “stand your ground” as a valid defense.
These limitations include:
These limitations show why, after a self-defense incident, you need a defense attorney who can create a clear story of what happened. This way, if required, they can demonstrate that you were the reasonable person and not the aggressor who initiated or extended the conflict. We have decades of experience challenging the prosecution’s version and proving self-defense to be a legitimate defense.
When you are defending your future, the last thing you should have to worry about is protecting your freedom against a system that doesn’t understand your perspective. At Merson Law Office, LLC, we bring over 20 years of criminal defense experience to the table, bringing seasoned authority to your self-defense claim under Colorado’s Stand Your Ground law.
Our background is more than theoretical; we have handled thousands of cases, litigated hundreds of hearings, and navigated over 100 jury trials to a conclusion. This deep courtroom familiarity, combined with our experience arguing before the Colorado Court of Appeals and the Colorado Supreme Court, enables us to construct a defense that withstands intense scrutiny.
We have taught the next generation of trial lawyers as instructors for trial advocacy classes at the University of Colorado School of Law, proving that administrators respect our strategies at the highest academic and professional levels. While we are deeply empathetic to the fear and anxiety a self-defense case brings, we are assertive and results-oriented in the courtroom, leveraging our decades of insight to fight for you.
Call (970) 219-2923 or contact Merson Law Office, LLC, online today to schedule a free and confidential consultation. We will immediately assess the facts of your case and begin identifying your strongest defense options. Allow us to put our experience to work in your case.
Deadly physical force is force, the intended consequence of which is to cause death or serious bodily injury. Physical force is any amount of force used, the intended result of which is not to cause death or serious bodily injury.
In Colorado, there is generally no duty to retreat, meaning you do not have to run away before using force in self-defense, provided your force is reasonable and necessary to defend against an imminent threat.
No. The law explicitly states that you cannot claim self-defense if you were the initial aggressor or if you provoked the conflict with the intent to injure the other person.
Yes. If the police have probable cause to believe you committed a crime, they will arrest you, even if you were ultimately acting in self-defense. A judge or jury makes the final decision on self-defense.
No. “Stand your ground” applies only to the defense of a person from unlawful physical force. Protecting property falls under a different, more restrictive statute.
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