When police respond to a domestic violence call in Colorado, someone is usually arrested. But what if you were defending yourself or someone else? Can you use self-defense as a defense? Many Coloradans, especially in emotionally charged situations, find themselves accused of crimes they didn’t commit. Understanding your legal rights under Colorado’s self-defense and domestic violence laws can make all the difference.
When Can You Claim Self-Defense in a Domestic Violence Case?
Under Colorado law, you have the right to defend yourself when facing unlawful force. This right applies even in domestic situations involving spouses, partners, roommates, or family members. However, a self-defense claim in Colorado is limited and must meet specific legal standards.
You may use physical force in self-defense if:
- You reasonably believe that force is necessary to protect yourself or another from imminent unlawful force, and
- The amount of force used is proportionate to the threat you faced.
In other words, you must not be the initial aggressor, and your actions must match what a “reasonable person” would do under the same circumstances. This standard allows for interpretation, especially when emotions are heightened and narratives conflict.
Domestic Assault Defense in Colorado: The Legal Landscape
In Colorado, domestic violence is not a standalone charge. Instead, it functions as a sentencing enhancement. It is applied to offenses such as assault, harassment, or criminal mischief when the individuals involved share an intimate relationship. This relationship is defined as one between current or former spouses, dating partners, co-parents, or cohabitants.
That means if you’re charged with assaulting a spouse or ex, whether it was mutual, accidental, or defensive, the charge could trigger mandatory arrest, a protective order, and loss of firearm rights even before conviction.
Prosecutors in Colorado are proactive in handling these cases. Even if the alleged victim doesn’t want to press charges, the case can and often does proceed without their cooperation. That’s why presenting a solid domestic assault defense strategy is crucial from the start.
What Makes Force “Justifiable” in Colorado?
To build a strong defense, it’s critical to understand the rules around the justifiable use of force in Colorado, for example:
- You can’t use force if you were the initial aggressor. If you provoked the fight or escalated the situation without attempting to withdraw, the self-defense claim may not apply.
- You can’t use deadly force unless specific criteria are met. Deadly force is only justifiable if you reasonably believed it was necessary to prevent death, serious bodily injury, or a forcible felony like sexual assault or kidnapping.
- Verbal threats or insults are not enough. You must be reacting to an imminent threat of physical harm, not words alone.
In domestic cases, the legal gray area often lies in interpretation: Who started it? Who felt threatened? Who called the police first? These questions are often central to whether a Colorado self-defense claim in a domestic violence case will succeed.
How Police and Prosecutors Handle These Cases
Colorado law enforcement officers are required to make an arrest if they have probable cause to believe that domestic violence has occurred. This requirement applies even if the individual identified as the “aggressor” acted in self-defense. The “better safe than sorry” approach often leads to wrongful arrests.
After the arrest, the prosecution takes over. Prosecutors may argue that your actions exceeded reasonable force or that you had no legal right to respond physically. That’s why the earlier you involve an attorney who understands the nuances of self-defense claims in Colorado, the better your chances of avoiding a conviction.
Signs That Self-Defense Might Apply in Your Case
When assessing the legality of your actions in a self-defense situation, consider the following:
- Provocation. Did the other party initiate the confrontation through physical assault, threats, or by cornering you?
- Intent. Were your actions exclusively protective, safeguarding yourself, your child, or another individual from immediate harm?
- Proportionality. Did you use only the necessary amount of force to neutralize the threat?
If the answer is yes, self-defense might be a viable legal argument. Your success depends on your individual story, what physical evidence is available, eyewitness statements, police reports, medical documents, and sometimes even past interactions between everyone involved.
Possible Penalties of a Domestic Violence Conviction
Domestic violence convictions carry serious consequences, including:
- Jail time ranging from days to years, depending on the underlying charge;
- Probation with mandatory treatment often including domestic violence classes and substance monitoring;
- Loss of firearm rights, required under both Colorado and federal law; and
- A permanent criminal record that impacts jobs, custody, housing, and professional licensing.
Even misdemeanor convictions can derail your life. And if you’ve had prior offenses, prosecutors may consider you a habitual domestic-violence offender, elevating a fourth charge to a felony. That’s why building a defense around the justifiable use of force in Colorado is often both wise and necessary.
How Mark S. Rubinstein, P.C., Makes a Real Difference
Police and prosecutors aren’t likely to take your word for what happened. They’re working off reports and assumptions and rarely dig deeper unless prompted. This is where I can make a real difference. I help clients by:
- Investigating the full context of what happened;
- Gathering time-stamped photos, texts, witness statements, and 911 call logs;
- Challenging biased or incomplete police reports;
- Filing motions to dismiss or suppress evidence if rights were violated; and
- Presenting a detailed, legally sound case for self-defense at trial.
Without guidance, many people accused of domestic violence end up accepting deals that don’t reflect what really happened. With a skilled defense, you can fight back with the facts on your side.
Turn Legal Challenges into Clear Paths Forward
With over 25 years in Colorado’s criminal courts, I’m not just an attorney; I am a dedicated advocate. As a solo practitioner, I personally handle each case, digging into the facts and meticulously examining police reports to craft a defense that’s uniquely yours. Forget the legal mills and cookie-cutter approaches. My firm is where bold, strategic defense thrives, especially when self-defense is on the line.
Domestic violence charges can change your life overnight, but they don’t have to define it. If you acted to protect yourself or someone else, don’t let the truth of what happened go unheard. Let’s discuss your options and take the first step toward clearing your name and protecting your future. Call today at 970-319-3306.
FAQs
Can I Claim Self-Defense If I Hit First?
Colorado law prohibits self-defense claims if you were the initial aggressor. However, if you attempted to withdraw from the situation and were still attacked, you may still have a valid defense.
Does Self-Defense Automatically Dismiss the Charges?
Not automatically. You must raise self-defense as an affirmative defense, supported by credible evidence and legal arguments. The judge or jury then decides whether it applies.
Resources:
- Mesa County District Attorney, Investigations Unit, link.