As a result of the tragic and incomprehensible shooting of 17 year old Trayvon Martin in Florida — much attention has been centered on Florida’s No Duty To Retreat Law. The truth is Colorado has a caselaw version, (not a statutory or legislatively passed) version of the law for many years. In the case of Idrogo v. People decided by the Colorado Supreme Court in 1991, the Court held that that:
“an innocent victim of an assault is not bound to retreat before using deadly force when the use of such force is reasonable under the circumstances.” The principle that you have no duty to retreat applies regardless of the level of force you employ to defend yourself.
Wihle there is always a requirement that the amount of force used be appropriate under Colorado law, one must be in fear of imminent serious bodily injury or death before one can use deadly force to defend themselves. But a person who is in fear of serious bodily injury or death need not retreat before using deadly force.