By: Mark Schneider, NRA Certified Instructor
Colorado Revised Statute (CRS) 18-1-704 addresses the use of physical force in defense of a person. A key term in this statute is “imminence,” which is fundamental to understanding when and how a person may lawfully defend themselves or another. Let’s delve deeper into this term and its significance.
What is CRS 18-1-704?
Before discussing imminence, it’s essential to have a basic understanding of CRS 18-1-704. This statute outlines the circumstances under which a person is justified in using physical force against another person in Colorado. The primary consideration is that the person must reasonably believe that such force is necessary to defend themselves or someone else from another’s imminent use of unlawful physical force.
The Concept of Imminence
Imminence is central to this statute because it pertains to the immediacy of the threat faced. For a threat to be considered imminent, it should:
- Be Near and Immediate: Imminence implies that the danger is present and active. It does not include a threat that might occur in the distant future.
- Not be a Past Threat: A threat that has already occurred and is no longer active would not be considered imminent. For instance, if someone said they would harm you last week but did not act upon it, and there’s no current threat, it wouldn’t be imminent.
- Create a Present Danger: Imminence requires a clear and present danger. If someone brandishes a weapon and directly threatens you, that’s an imminent threat.
Why is Imminence Important?
Imminence ensures that the use of physical force is not based on speculative or distant threats. The idea is to prevent misuse of self-defense claims for retaliatory or preemptive actions that aren’t based on immediate danger.
Practical Implications
Understanding imminence has practical implications for anyone considering the use of physical force in self-defense. Consider a scenario where an individual threatens to return to your home in a week to harm you. While this is undeniably a threat, it’s not imminent. Therefore, taking violent action against that person in anticipation of the threat would not be justified under CRS 18-1-704.
Conclusion
CRS 18-1-704 emphasizes the importance of imminence in determining the lawfulness of using physical force in self-defense. It ensures that individuals can protect themselves and others against immediate threats, while also preventing misuse of the law for non-immediate dangers. Anyone in Colorado should be aware of this concept, as understanding the nuances of “imminence” can be crucial in situations where one’s safety is at stake.
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.
