Duty to retreat?

[Epyon]

Hey guys, first time on this forum. I moved from Florida a few months ago and definitely don't miss it one bit. Anyway in Florida they have a "Stand Your Ground" law on top of "Castle Doctrine", meaning there is no duty for a law abiding citizen to retreat if threatened. I know Colorado has Castle Doctrine, but I've been trying to find if there is anything about duty to retreat? I look forward to hearing from you all!

[esaabye]

Hey guys, first time on this forum. I moved from Florida a few months ago and definitely don't miss it one bit. Anyway in Florida they have a "Stand Your Ground" law on top of "Castle Doctrine", meaning there is no duty for a law abiding citizen to retreat if threatened. I know Colorado has Castle Doctrine, but I've been trying to find if there is anything about duty to retreat? I look forward to hearing from you all!

No Castle Doctrine here, you can defend yourself but not property unless you are in fear of harm.

http://www.rmgo.org/gun-law-faqs/use-of-deadly-force

[68Charger]

No Castle Doctrine here, you can defend yourself but not property unless you are in fear of harm.

http://www.rmgo.org/gun-law-faqs/use-of-deadly-force

I guess it depends on your definition of "Castle Doctrine"... you are not required to consider leaving your home as an alternative to defending yourself- it is considered a place of last defense- but no, Colorado does not consider property to be worth more than a life...

[Epyon]

Sorry, I guess I should clarify. By stand your ground I meant, if you're out in public like say walking around in the city and you are approached by a criminal, in Florida a citizen would not have to retreat legally. (Of course if you CAN escape safely should you? I would imagine so especially if you have loved ones with you.) I'm trying to understand if Colorado has any law like that.

[Irving]

If you fear for your life and it is a "them or me" situation, then I think you'd be okay. Catching someone trying to steal the wheels off your car and you are not in immediate danger, then you wouldn't be okay.

[Sticks]

The best thing to do is get an attorney and ask these questions.

Second best is read the Colorado Revised Statutes on use of force and related references (pack a lunch, you'll be all day)

http://www.michie.com/colorado/lpext...main-h.htm&cp=

Colorado Revised Statutes:

Use of Physical Force and Use of Deadly Physical Force

18-1-704. Use of physical force in defense of a person.

2. Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
3. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

2. The actor has reasonable ground to believe and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
3. The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
4. The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402 or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

2. Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

2. With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
3. He is the initial aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from-the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or
4. The physical force involved is the product of a combat by agreement not specifically authorized by law.

18-1-704.5. Use of deadly physical force against an intruder.

2. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
3. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
5. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

So, contrary to esaabye, we do have a castle doctrine - Make My Day law (18.1.704.5).

There is a start. Find the related CRS and read those too. You can do a search on the Legal Resources site that works pretty well providing you phrase it proper. Pretty much everything is in section 18 of the criminal code, but there are related references in other sections.

When I first started carrying I could have answered both those questions off the top of my head, since then I have clogged my head with other states rules and regs on carry so now I am a little foggy. Time for me to read them all again.