By: Mark Schneider, NRA Certified Instructor
In the realm of self-defense laws, each state in the U.S. has its own provisions regarding when and how force, including deadly force, may be legally used. In Colorado, the primary statute concerning this topic is Colorado Revised Statute (C.R.S.) 18-1-704. This article seeks to elucidate the specifics of this law for a layperson.
1. The Core of C.R.S. 18-1-704
In simple terms, C.R.S. 18-1-704 states that a person is justified in using physical force upon another person in order to defend themselves or a third person from what they reasonably believe to be the imminent use of unlawful physical force by that other person. However, there are limitations and clarifications.
2. When Deadly Force is Justified
Deadly force, as specified in the statute, is only permissible under certain circumstances:
- If the person reasonably believes a lesser degree of force is inadequate.
- If the person has reason to believe that they or someone else is in imminent danger of being killed or receiving great bodily injury.
- If the other person is using or seems about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary.
3. Situations Where Deadly Force is NOT Justified
The statute makes it clear that deadly force is not justified:
- Merely to protect property.
- If the person provoked the other individual’s use of unlawful force, unless they have made every reasonable effort to disengage.
- Against someone who has made a verbal threat alone, unless it’s backed by a physical action indicating a potential for serious harm.
4. Retreat vs. Stand Your Ground
Unlike some other states that have a “duty to retreat”, Colorado essentially follows a “stand your ground” approach. This means that if you’re in a place you have a legal right to be, you aren’t obligated to retreat before using force in self-defense.
5. Civil Immunity
A crucial component of this statute is its provision for civil immunity. If a person uses force, including deadly force, as permitted by C.R.S. 18-1-704, they cannot be held liable in civil court for damages.
Conclusion
C.R.S. 18-1-704 offers important guidelines for residents of Colorado concerning when and how they may defend themselves or others. Understanding these provisions can not only inform the actions of Colorado residents but can also potentially keep them from facing legal repercussions. Always consult with a legal expert when in doubt about specifics, as laws can be subject to interpretation and change.
Disclaimer: This article is meant to provide a general overview and should not rbe considered legal advice. For specific situations or legal questions, please consult with a licensed attorney.
