Select Self Defense Statutes

Below I provide self defense statutes for Colorado, New York, and Arkansas. Each has many features in common, but also vary in important ways. You will want to read the statutes with certain categories in mind. 

First, you need to distinguish between (i) ordinary self defense and (ii) deadly force self defense. Very roughly, a person can use proportionate force to repel non-deadly force--i.e., a shove in response to a shove. For deadly force, usually once can use deadly force if the other person is using or threatening deadly force. But the details vary. Sometimes one can use deadly force in response to certain crimes like robbery or rape that themselves do not threaten death.

Within both ordinary and deadly force, there are a few similarities. These are the key requirements you must know. First is reasonable belief: the defendant must reasonably believe that the other person presents a threat of the right kind. Reasonable belief means the defendant subjectively believes in the threat and a reasonable person would. Second is imminence: the threat must be literally about to happen. Third is proportionality. The defendant's use of force must be proportional to the threat--the amount needed to repel that threat. This third factor becomes a kind of per se category for deadly force self defense. That is, if the other person threatens deadly force, the defendant can use deadly force even if it's disproportionate to the incoming deadly force. But Colorado does seem to have a proportionality requirement even for deadly force self defense that other states do not have. 

Within deadly physical force, there are also a few key features. First is the difference between (i) stand your ground states and (ii) duty to retreat states. In the former, if the assailant presents deadly force, the defendant may respond with deadly force even if he could retreat in complete safety. In the latter, if the defendant can retreat in complete safety, he must do so. The distinction might be more symbolic than real, since a person can rarely retreat in complete safety in the face of deadly force. In addition, in both types of state, the defendant must still reasonably believe she faces the threat of deadly force. As you read the statutes below, decide which state is a stand your ground state, which a duty to retreat state. 

Second is the castle doctrine. A person in their home never has a duty to retreat. Stand your ground states don't need a castle doctrine because everywhere is a person's castle, in a sense. But in a duty to retreat state, the castle doctrine creates an exception to this duty in your own home. Note, in its strict use, the caste doctrine merely relates to the duty to retreat and is not a defense of home doctrine. The rules for the use of deadly force to protect the home are slightly different, and I provide Colorado's version of this defense below.  

Third is the initial aggressor exception. A person who first uses force cannot claim self defense when the other person responds to that force with force. If A attacks B, and B responds to A's attack with force, A cannot continue to use force under a self-defense justification. 

Finally, I have also included Colorado's law on defense of a home against intruders. You are not responsible for this second type of defense justification. But it is, of course, important and I therefore decided to include it for completeness' sake. As you read the defense of home law, just note how it allows the use of deadly force far more generously than outside the home.