18-1-704. Use of physical force in defense of a person.
(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
    
(b) 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    
(c) The other person is committing or reasonably appears about to commit ... 
robbery as defined in section 18-4-301... 
    ANNOTATION     
The defendant, if he did not provoke the assault, is not obliged to  retreat or flee to save his life, but may stand his ground, and even, in  some circumstances, pursue his assailant until the latter has been  disarmed or disabled from carrying into effect his unlawful purpose, and  this right of the defendant goes even to the extent, if necessary, of taking human life. Boykin v. People, 22 Colo. 496, 45 P. 419 (1896); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919).
    
Right to kill in self-defense is not limited to cases where assailant  intends to commit a felony. Ritchey v. People, 23 Colo. 314, 47 P. 272  (1896).
    
Instruction on use of deadly physical  force is to be used only if the victim died. Because no victim died,  instruction that defendant was justified in use of physical force if he used that degree of force which he reasonably believed to be necessary was proper. People v. Silva, 987 P.2d 909 (Colo. App. 1999).                      
     
 
                                                          18-4-202. First degree burglary.
    
(1) A person commits first degree burglary if the person knowingly  enters unlawfully, or remains unlawfully after a lawful or unlawful  entry, in a building or occupied structure with intent to commit therein  a crime, other than trespass as defined in this article, against  another person or property, and if in  effecting entry or while in the building or occupied structure or in  immediate flight therefrom, the person or another participant in the  crime assaults or menaces any person, or the person or another  participant is armed with explosives or a deadly weapon.
    
(2) First degree burglary is a class 3 felony.
ANNOTATION
Distinguished from felony menacing. It is possible to commit a first  degree burglary without also perpetrating felony menacing. The merger  doctrine does not apply because there is no requirement in this section  that a victim be placed in fear of  imminent serious bodily injury by a deadly weapon as there is in the  felony menacing statute. People v. Sisneros, 44 Colo. App. 65, 606 P.2d  1317 (1980).
There is no requirement that victim be placed in fear of  imminent serious bodily injury by a deadly weapon under the first  degree burglary statute. People v. Montanez, 944 P.2d 529 (Colo. App.  1996).
Where the only evidence concerning the presence of deadly weapons at the time of the robbery was that defendant was carrying stolen items, including weapons, in a canvas sack during commission of the burglary, such evidence was insufficient to prove that defendant was armed with a deadly weapon, 
a requisite element of burglary. People v. Moore, 841 P.2d 320 (Colo. App. 1992).
Second degree burglary becomes first degree burglary when the perpetrator increases the risk of  deadly or bodily harm to an occupant or other person present by  possessing a deadly weapon such that he knowingly places or attempts to  place such person in fear of serious  bodily injury or intends to and does cause serious bodily injury to any  person. People v. Moore, 841 P.2d 320 (Colo. App. 1992).
    
If the defendant steals a deadly weapon and thereby becomes armed  with a deadly weapon, the burglary is elevated to first degree, and  there is no requirement that the prosecution show that the defendant  assaulted or menaced anyone with the deadly weapon. People v. Loomis, 857 P.2d 478 (Colo. App. 1992).
    
The defendant is considered "armed" with a deadly weapon if the  weapon is easily accessible and readily available for use by the  defendant. The court need not consider the defendant's  willingness or present ability to use the deadly weapon. People v.  Loomis, 857 P.2d 478 (Colo. App. 1992).                      
     
 
                                                          
18-4-204. Third degree burglary.
(1) A person commits third degree burglary if with intent to commit a  crime he enters or breaks into any vault, safe, cash register, coin  vending machine, product dispenser, money depository, safety deposit  box, coin telephone, coin box, or other apparatus or equipment whether  or not coin operated.
    
(2) Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept in or upon the property burglarized.                      
     
 
                                                          18-4-301. Robbery.
(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
    
(2) Robbery is a class 4 felony.