When someone threatens your life, do you have to run—or can you stand your ground and defend yourself? In Colorado, that question is often misunderstood. While Colorado doesn’t have a “stand your ground” statute like Florida, the 2015 case People v. Garcia helps clarify how the courts view self-defense when retreat is an option.
Whether you’re a CCW holder or working in armed security, People v. Garcia is a must-know case if you want to stay on the right side of the law.
🔹 The Case: People v. Garcia, 2015 COA 30
Mr. Garcia was charged with assault and attempted murder after stabbing another man during a fight outside a bar. Garcia claimed self-defense. The prosecution argued that he could’ve retreated safely, and therefore wasn’t justified in using deadly force.
But the Colorado Court of Appeals disagreed, ruling that Colorado law does not impose a duty to retreat—as long as the person is not the initial aggressor and is in a place they have a legal right to be.
🔹 Key Legal Takeaway: No Duty to Retreat in Colorado
In this case, the court reaffirmed an important principle:
“A person who is not the initial aggressor and who is in a place where they have a right to be has no duty to retreat before using deadly force in self-defense.”
This puts Colorado squarely in the category of no duty to retreat states—at least by court interpretation—even though there’s no specific “stand your ground” law written in the statute books.
🔹 What This Means for CCW Holders and Armed Guards
- You don’t have to run. If you’re lawfully present and didn’t start the conflict, you may defend yourself without retreating.
- But you must be justified. This doesn’t give you a blank check to use deadly force—you still need to reasonably believe it was necessary to stop an imminent threat of death or serious bodily injury.
- Initial aggressor? You’re out. Just like in Toler, if you provoke or start the fight, this protection likely won’t apply.
🔹 Real-World Application
Let’s say you’re walking to your car and someone confronts you aggressively. You’re cornered against your vehicle. Instead of trying to run, you draw your firearm and stop the threat. In Colorado, if you were not the aggressor and you believed you were in serious danger, the law does not require you to try to escape first.
That’s Garcia in action.
🔹 Important Reminders
- No duty to retreat ≠ escalate. You can hold your ground legally—but you still have to be reasonable and proportional in your response.
- Being in the right place matters. Colorado law protects you more when you’re lawfully present, like at home, work, or in public.
- Avoid the “tough guy” trap. Just because the law says you have no duty to retreat doesn’t mean you should in every situation. Avoidance and de-escalation are still the best tools.
🔚 Conclusion
People v. Garcia makes it clear: You don’t have to retreat in Colorado before defending yourself—if you’re justified. That’s a big deal for gun owners and professionals who need to make split-second decisions in tense situations.
Know the law. Train to respond—not just to shoot. And always remember: legal doesn’t always mean smart.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a licensed Colorado attorney.
