Key Elements To Be Able To Use Self-Defense
Understanding the legal elements crucial for employing self-defense is essential. Before delving into these elements, it’s vital you grasp a fundamental constitutional right all criminal defendants have – the right to a trial. In a trial, the burden of proof lies solely with the prosecution. In Colorado, the prosecution must prove a defendant’s guilt beyond a reasonable doubt, safeguarding the individual’s liberty.
However, in self-defense law, presenting a self-defense claim imposes a slight burden on the defense. To run a self-defense claim, the defense must demonstrate to the trial judge that a scintilla of evidence, defined in Colorado law as ‘some credible evidence,’ supports the assertion of self-defense. This involves offering credible evidence for each element of self-defense.
Colorado recognizes two types of self-defense applicable at trial: non-deadly physical force and deadly physical force.
Non-deadly physical force requires the defense to establish:
- Some credible evidence that physical force was used to defend oneself or another person from what he reasonably believed to be the use or imminent use of unlawful physical force.
- The defendant used a degree of force which he reasonably believed to be necessary for that purpose.
- The defendant did not provoke the other person with the intent to cause bodily injury or death to the other person.
- The defendant was not the initial aggressor, or if so, they withdrew and explicitly communicated their intent to do so and the other person continued or threatened the use of unlawful physical force.
Once these elements of self-defense in criminal law are satisfied, the jury becomes eligible to receive a self-defense instruction for consideration in their deliberations. It is crucial to note that, under these circumstances, the defendant is legally authorized to use physical force upon another without the obligation to retreat. This aligns with the ‘stand your ground’ principle, granting individuals the right to defend themselves without the duty to run away or retreat before acting.
Individuals can defend not only themselves but also others, including loved ones, friends, or even strangers, under Colorado self-defense law. The analysis introduces both subjective and objective components, considering what the defendant reasonably believes to be the use or imminent use of unlawful physical force. This dual perspective allows the jury to assess the defendant’s personal perceptions and feelings in light of the surrounding circumstances.
The subjective component provides an opportunity for the defense attorney to craft a compelling narrative from the client’s perspective, using emotional responses, past experiences, and knowledge of the other person’s potential for violence. The Supreme Court underscores the importance of considering ‘the totality of the circumstances,’ including the number of people appearing to be threatening the defendant or the accused.
The objective component introduces the ‘reasonably believes’ standard, balancing the defendant’s actual subjective belief with the requirement that it must have been reasonable. This ensures that the defendant’s perceptions align with what a reasonable person would consider justifiable.
There are a multitude of factors that must be satisfied before the jury can consider self-defense. However, once the minimal standard of a ‘scintilla of evidence’ is met, the judge must provide the self-defense instruction to the jury for their deliberations. Importantly, this instruction shifts an extra burden of proof to the prosecution. The prosecution must not only prove the defendant guilty beyond a reasonable doubt but also establish, beyond a reasonable doubt, that one of the self-defense factors did not exist. This strategic advantage places the defendant in a stronger position during legal proceedings.
The use of deadly physical force involves additional elements:
- Some credible evidence that physical force was used to defend oneself or another person from what he reasonably believed to be the use or imminent use of unlawful physical force.
- The defendant had reasonable grounds to believe a lesser degree of force was inadequate.
- The defendant had a reasonable grounds to believe, and did believe, that he or another was in imminent danger of being killed or receiving great bodily harm. Or the other person was using or reasonably appeared about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary. Or the other person was committing or reasonably appeared about to commit kidnapping, robbery, sexual assault, or assault in the first or second degree.
- The defendant did not provoke the unlawful physical force with the intent to cause bodily injury or death to that other person.
- The defendant was not the initial aggressor, or if so, they withdrew and communicated their intent to do so and the other person nevertheless continued or threatened the use of unlawful physical force.
The judge is tasked with assessing whether the jury can consider the self-defense claim based on these standards. In cases of deadly physical force, the defense must present credible evidence demonstrating that a lower level of force was insufficient to protect themselves, their loved ones, or others.
Furthermore, the essence of what the defendant believed was about to happen is outlined in the third prong. To qualify for deadly force, the defendant must reasonably believe and genuinely believe that they are in imminent danger of being killed or suffering great bodily harm. There are three scenarios specified: the belief of imminent danger, defending oneself at home or in a business during a burglary, and the belief that someone is about to commit serious crimes like kidnapping, robbery, sexual assault, or assault.
This self-defense instruction, deeply rooted in U.S. history and constitutional rights, places a significant responsibility on the defendant to demonstrate both the inadequacy of lesser force and the genuine belief in imminent danger. Understanding these nuanced standards is crucial when navigating cases involving self-defense with deadly force.
For more information on Elements Of Self-Defense In Criminal Law, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.