Does CRS § 18-1-704.5 Apply to an Attached Garage in Colorado?

Colorado Revised Statute § 18-1-704.5 governs the use of deadly force against intruders inside a dwelling. The statute is sometimes referred to as the “Make My Day law,” but in practice the legal analysis is far more technical and fact-driven than the nickname suggests.

One question that arises frequently under Colorado law is whether CRS § 18-1-704.5 applies when an intruder enters an attached garage. Colorado courts generally treat an attached garage as part of the dwelling, but the legal analysis remains highly fact-specific and depends on the totality of the circumstances.

What CRS § 18-1-704.5 Requires Under Colorado Law

CRS § 18-1-704.5 applies when:

An intruder unlawfully enters a dwelling;
The occupant reasonably believes the intruder intends to commit a crime; and
The occupant reasonably believes the intruder may use physical force against any occupant, no matter how slight.

In attached-garage scenarios, the central legal question is whether entry into the garage qualifies as entry into a dwelling under Colorado law.

Colorado Case Law: Attached Garages Are Part of the Dwelling

People v. Cushinberry

This is the most direct Colorado authority addressing attached garages.

In Cushinberry, the defendant unlawfully entered a home’s attached garage and committed theft-related conduct. The dispute centered on whether entry into the garage constituted entry into a dwelling for burglary purposes.

The Colorado Court of Appeals held that it did.

The court focused on several key factors:

The garage was physically attached to the residence;
It was structurally integrated with the home; and
It served normal residential purposes.

Because of that integration, entry into the attached garage was legally treated as entry into the residence itself. Although Cushinberry is a burglary case, Colorado courts rely on the same definition of “dwelling” when applying CRS § 18-1-704.5.

Brief Context: Cushinberry

The defense argued the garage should be treated differently because no one sleeps in a garage and it is commonly used for storage or vehicles rather than traditional living activity. The court rejected that argument and emphasized structural and functional integration into the residence. That reasoning is what makes Cushinberry directly relevant when analyzing deadly force and self-defense cases under Colorado law.

The Foundation:

People v. Jiminez

The legal framework behind Cushinberry comes from Jiminez, a Colorado Supreme Court burglary case addressing how broadly courts define a dwelling.

In Jiminez, the issue was whether a portion of a residence not used for sleeping still qualified as part of the dwelling. The defense argued only traditional living spaces should count.

The Court rejected that narrow interpretation and held that a dwelling includes:

Areas structurally connected to the residence;
Spaces used in connection with normal residential living; and
Areas not limited to sleeping quarters.

The Court also emphasized that burglary laws are designed primarily to protect occupants from confrontation inside the home environment. Cushinberry builds directly on this reasoning.

Why Attached Garages Qualify Under Colorado Law

Structural Integration

An attached garage is physically part of the home. Colorado courts consistently distinguish attached structures from detached buildings.

Functional Use

Attached garages are commonly used for vehicles, storage, tools, and other normal residential purposes.

Safety Rationale

Colorado courts interpret CRS § 18-1-704.5 broadly to protect occupants inside the residential environment, not just inside traditional living spaces.

Can You Use Deadly Force in an Attached Garage in Colorado?

Possibly, but only if the statutory requirements are met. Under Colorado law, deadly force inside an attached garage may be justified if there is unlawful entry and the occupant reasonably believes the intruder intends to commit a crime and may use physical force. However, these cases are highly fact-specific and are closely examined under self-defense principles and CRS § 18-1-704.5.

Detached Garages and Outbuildings: CRS § 18-1-704 Applies

Detached garages and other outbuildings are generally not treated as part of a dwelling under Colorado law. Because of that, they typically fall outside the scope of CRS § 18-1-704.5 and must instead be analyzed under CRS § 18-1-704, which governs general self-defense and the use of deadly force.

This includes detached garages, sheds, workshops, barns, pole barns, detached storage buildings, guest houses, pool houses, detached home offices, and similar outbuildings that are not structurally integrated into the residence.

Under CRS § 18-1-704, deadly force is justified only if a person reasonably believes it is necessary to prevent imminent death or serious bodily injury to themselves or another person.

From both a legal and practical standpoint, uses of deadly force involving detached structures face closer scrutiny. Investigators and prosecutors will carefully examine necessity, alternatives, and whether a real threat existed.

Common Misconception: Can You Just Attach It?

No. A detached garage does not become part of a dwelling under Colorado law simply because something physically connects it to the house.

Courts focus on structural and functional integration, not superficial attachment. In People v. Cushinberry, the attached garage qualified because it was permanently built into the residence and structurally integrated into the home. Likewise, the framework from People v. Jiminez emphasizes how a space functions within the residential environment, not whether it merely touches the structure.

Attaching a temporary board, walkway, or improvised connection would not convert a detached garage into part of the dwelling. If deadly force were used, investigators would evaluate:

Whether the structure was actually part of the residence;
Whether the use of deadly force was necessary under Colorado law; and
Whether the circumstances were avoidable.

More importantly, these cases ultimately turn on a practical question: can you convince a jury of twelve people that your actions were reasonable and legally justified under the circumstances?

Detached garages are generally treated as separate structures and are analyzed under standard self-defense principles rather than CRS § 18-1-704.5.

Important Reality Check Under Colorado Law

Even in an attached garage, immunity under CRS § 18-1-704.5 is not automatic.

The statute still requires:

Unlawful entry;
Criminal intent; and
A reasonable belief of force.

These determinations are highly fact-specific. See People v. Guenther.

Q&A: Attached Garages and CRS § 18-1-704.5

Does CRS § 18-1-704.5 apply inside an attached garage?

Generally yes. Colorado courts treat an attached garage as part of the dwelling because it is structurally and functionally integrated with the residence. See People v. Cushinberry.

Does that mean deadly force is automatically justified in an attached garage?

No. The statutory requirements must still be satisfied. See People v. Guenther.

What if the garage door is open?

If someone enters unlawfully and the statutory elements are met, CRS § 18-1-704.5 may still apply. However, open garages often raise factual questions about intent and perception under Colorado self-defense law.

What if the intruder is only stealing property?

Property crimes alone do not automatically justify deadly force. The occupant must still reasonably believe the intruder may use physical force.

Does CRS § 18-1-704.5 apply to a detached garage?

Usually not. Detached garages and other outbuildings are typically treated as separate structures under Colorado law.

What if the intruder runs away?

Once the threat ends, justification typically ends under Colorado self-defense law.

Do I have to retreat inside my home?

No. Colorado is a no duty to retreat state. However, tactical withdrawal may still be the safer course depending on the circumstances.

Professional Recommendation

Although Colorado case law supports treating an attached garage as part of the dwelling, my professional recommendation is straightforward:

Deadly force should be avoided in an attached garage unless it is truly unavoidable.

These cases are heavily fact-driven and closely scrutinized by investigators, prosecutors, and civil attorneys. Garages often present additional complications, including limited lighting, restricted sightlines, and uncertainty regarding an intruder’s intent. Many garage entries involve property crimes rather than violent confrontations.

In the end, every use-of-force case comes down to whether twelve jurors believe the decision was reasonable under the circumstances.

Bottom Line

Under Colorado law, an attached garage is generally considered part of a dwelling. CRS § 18-1-704.5 may apply if all statutory elements are met. However, these cases ultimately turn on specific facts rather than location alone.

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Legal Disclaimer

Legal Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Firearm laws can change, and local, state, federal, tribal, and municipal regulations may vary. Always verify current laws and consult a qualified attorney before carrying a firearm or making legal decisions related to self-defense. US Firearms Training Academy assumes no liability for actions taken based on this content.