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- posted: Nov. 06, 2023
- Criminal Defense
Under Colorado law, citizens have a special right of self-defense within their homes. The “Make My Day” statute empowers people to use force, up to and including deadly force, in the defense of their homes and families.
In Colorado, the owner or legal occupant of a residence may injure or kill an intruder under certain conditions specified in the “make my day” law. This is also commonly called the “Castle Doctrine” or “Stand Your Ground” law.
First, the intruder must enter the home illegally. The perpetrator does not have to gain entry through force (i.e., breaking a window). The intruder only needs to gain access unlawfully, which could entail opening an unlocked door. A home is defined as any single-family residence, townhouse, apartment, mobile home, recreational vehicle or hotel room.
Second, the owner or lawful occupant of the dwelling must reasonably believe that the intruder has committed, or is about to commit, a secondary crime after their illegal entry. The secondary crime may be an act of violence, such as assault, murder or kidnapping. It can also be a property offense such as theft. The law makes no distinction as to the type or seriousness of the secondary offense, it need only be a crime.
Third, the owner or lawful occupant of the dwelling must reasonably believe that the intruder has used or intends to use physical force against one or more of the occupants. The intruder’s intent may be inferred by an overt act or a direct threat. The “make my day” law does not specify the type or level of physical force the intruder may intend to use against the lawful occupants.
The law requires that the defender determine an intruder’s intent before acting. In many cases, the intent may be clear based on a perpetrator’s statements or actions. However, in other scenarios, the person’s intent may not be so clear. The law imposes a “reasonable” standard on the defender for weighing intent. Opinions as to what is reasonable under different circumstances will likely vary.
Anyone who engages a home invader would be wise to refuse to answer questions or give statements to the police without capable defense counsel being present.
Colorado’s “Make My Day” law imposes no duty to retreat when an invader enters the home. If the requirements discussed above are satisfied, the homeowner/occupant may engage an intruder using force at his or her discretion. Even if every lawful occupant can easily escape the home and get to safety, they need not do so. Anyone legally in the home can stand their ground and defend themselves and others.
The Polansky Law Firm in Boulder, Colorado is a full-service criminal defense firm serving the metropolitan area and the surrounding counties. If you have been involved in a home defense engagement, feel free to contact us online or call 303-415-2583 for an initial consultation.
