How to Prove Self-Defense When Facing an Assault Charge
You defended yourself from harm, and now you are facing an assault charge in Colorado. You are likely confused, frustrated, and overwhelmed, especially if you believe your actions were necessary. Can you be charged with assault if you were hit first? The short answer is yes, the prosecutor can still charge you with assault. However, that does not mean you do not have a strong legal defense.
Understanding how self-defense works under Colorado law can make the difference between a conviction and a dismissal. Here is what you need to know to protect your rights and take action toward clearing your name.
What to Know About Self-Defense
In Colorado, self-defense is recognized as a legal justification for using physical force when necessary to protect yourself or others from immediate harm. You are justified or lawful in using physical force if:
- You reasonably believe that such force is needed to protect against the imminent use of unlawful physical force,
- The response and amount of force used are proportionate to the threat presented, and
- You were in a place where you had a legal right to be (Colorado has no legal duty to retreat).
These three elements—reasonable belief, imminence, and proportionality—form the foundation of a successful self-defense claim.
Steps to Take If You Are Facing Assault Charges
If you believe you acted in self-defense, take these steps immediately:
- Contact an experienced attorney. Work with a criminal defense attorney who understands the nuances of Colorado’s self-defense and assault laws. It is best if the lawyer you choose has significant experience and a good track record in this area.
- Write everything down. Document your recollection of events, including who initiated the conflict, the timing, and who witnessed it.
- Preserve evidence. Keep anything that could support your claim, including damaged clothing, photos of injuries, video footage, or objects involved.
- Identify witnesses. Get the names and contact information of anyone who saw what happened.
- Say less, not more. Avoid discussing the incident with others or on social media. Even casual comments can be used against you.
These actions strengthen your credibility and help your attorney build a solid defense.
Colorado Assault Charges
Colorado divides assault into three degrees, each with escalating severity:
- First-degree assault—when someone intentionally causes serious bodily injury using a deadly weapon;
- Second-degree assault—involves intentionally or recklessly causing bodily harm and often includes cases where the victim is a protected individual, such as a law enforcement officer; and
- Third-degree assault—when a person knowingly or recklessly causes bodily injury to another or negligently causes injury with a deadly weapon.
Each assault charge, regardless of severity, can lead to jail time, fines, and a permanent criminal record. However, self-defense may apply if the force used was reasonable and necessary under the circumstances.
Can You Be Charged with Assault If You Were Hit First?
Yes, you absolutely can. Law enforcement may still arrest and charge you if they believe your response went beyond what was necessary or if witness accounts conflict. The initial act of being struck does not automatically excuse your use of force.
The complexities of Colorado’s legal standards make it necessary to work with a knowledgeable self-defense attorney.
How to Prove Self-Defense
Asserting self-defense means that you are not contesting the fact that you made contact with the other person. You are stating that you were justified. To prove your actions were legally justified, your attorney will focus on demonstrating key facts. These may include:
- Witness testimony. Neutral observers can confirm who started the altercation and how it unfolded.
- Physical evidence. Damaged clothing, bruises, or injuries from defending yourself may help explain your actions.
- Video footage. Security cameras or mobile phone videos can clearly show how the confrontation unfolded.
- Expert testimony. Medical professionals or use-of-force experts can explain why your actions were reasonable under the circumstances.
Using this affirmative defense means that your lawyer must present such evidence to establish that your actions were necessary and lawful. The prosecutor must refute the claims of justification and prove that you are guilty beyond a reasonable doubt.
Can You Be Charged with Assault for Defending Yourself?
Yes, and it happens more often than you might expect. When facts are unclear, police may choose to arrest both parties, assuming that further investigation is needed. Legal representation is crucial in such cases, even if you did not start the fight.
What Happens If Both People Claim Self-Defense?
In these cases, the outcome often depends on witness testimony, video evidence, and the credibility of each version of events.
What Can Impact Your Self-Defense Claim
Certain factors can weaken or invalidate self-defense claims, including:
- You were the initial aggressor. If you started the altercation, self-defense may not apply unless you clearly withdrew and the other person continued the attack.
- You engaged in mutual combat. If you willingly agreed to fight or escalate the situation, your claim may not be considered valid.
- You used deadly force unnecessarily. Lethal force is only allowed when you reasonably believe you are facing death or serious bodily harm.
Understanding how these factors affect your self-defense claim is key to building a viable legal defense.
Understanding Colorado’s “Make My Day” Law
Under the state’s “Make My Day” law, you may use deadly force against an intruder who unlawfully enters your home or occupied vehicle if you reasonably believe they intend to commit a crime and use any level of physical force. However, this law has some limitations:
- The law applies only inside your dwelling,
- It does not apply in public places or businesses, and
- You must reasonably believe that force is necessary to prevent a crime.
Additionally, the law does not protect against the use of deadly force if the intruder is a law enforcement officer performing their duties.
Attorney Susan Deschler Can Help
With over 20 years of courtroom and prosecutorial experience, Attorney Susan Deschler brings valuable insight to every case she handles. As a former Deputy District Attorney and Court Commissioner, she knows how Colorado prosecutors build assault cases and how to dismantle them. Clients rely on our firm because:
- You will work directly with Susan, not be passed off to junior staff;
- She brings a full-circle view of the criminal justice system;
- Her defenses are strategic, thorough, and based on real-life experience; and
- She understands the emotional weight of facing criminal charges for trying to protect yourself.
Attorney Susan Deschler has helped countless clients clarify their stories and push back against unfair or overreaching assault charges. Contact us today to discuss your case in a confidential, judgment-free consultation.
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