🔥 Real-World Consequences
Imagine drawing your firearm in a moment of panic—only to be arrested the next day for assault with a deadly weapon. You thought you were defending yourself. But the law doesn’t just care about what you felt—it cares about what you can prove.
That’s why understanding self-defense law is critical. Andrew Branca, attorney and author of The Law of Self Defense, lays out five essential elements courts use to determine whether your actions were legally justified. As a certified Law of Self Defense Instructor, I teach these elements in every class—and I consider them required knowledge for anyone who carries a firearm.
Why These Elements Matter
The law doesn’t care if you’re a good shot. It cares whether you met the legal criteria for using force. These five elements form the legal test that prosecutors, judges, and juries will use to decide your fate.
Miss just one? You could go from defender to defendant.
That’s why we include a copy of these elements in every CCW class and strongly recommend reading The Law of Self Defense. This isn’t just theory—it’s real-world protection.
The 5 Elements of Self-Defense Law (Quick Chart)
| Element | Description | Example |
|---|---|---|
| Innocence | You didn’t start or escalate the fight | You’re approached aggressively while backing away |
| Imminence | Threat must be immediate | Attacker lunges at you with a knife |
| Avoidance | If safe, you must try to disengage (depending on state law) | You try to leave or de-escalate before using force |
| Proportionality | Force must match the threat | Deadly force only if you face death or serious injury |
| Reasonableness | Your actions must match what a reasonable person would do | A jury would agree your fear and response were justified |
In-Depth Breakdown of the Five Elements
1. Innocence
You must not be the aggressor. If you initiate the conflict, you forfeit the legal right to self-defense.
2. Imminence
The threat must be happening now. Self-defense is not legally justified for past altercations or vague future threats.
3. Avoidance
If your state imposes a duty to retreat, and it’s safe to do so, you must try. Even in “stand your ground” states like Colorado, making an effort to avoid conflict can bolster your defense.
4. Proportionality
Your use of force must match the level of threat. Deadly force is only justified in response to a threat of death or serious bodily injury.
5. Reasonableness
Your response will be judged by what a reasonable person would have done under the same circumstances—not just by what you felt in the moment.
Real-World Example: People v. La Voie (Colorado)
In the case People v. La Voie, the Colorado Supreme Court held that a person is justified in using deadly force if they reasonably believe it’s necessary to protect themselves from an imminent threat—even if that threat later turns out to be mistaken.
This case is a key example of how the courts interpret “reasonableness” and “imminence” in real life. It’s also why we train our students not just how to shoot, but when—and when not—to use force.
Self-Defense Is Legal—But Only If You Understand the Law
Understanding how to draw your firearm is important—but understanding when it’s legal to do so is even more critical. These five elements are your legal playbook. Follow them, and you’ll be prepared both physically and legally.
We cover these elements in detail during every CCW class we teach and walk through real-world examples from Colorado law. Our goal is to produce not just trained shooters, but legally informed citizens.
Take the Next Step
⚖️ Hire Me as an Expert Witness – Need support in a CCW or armed security case? I provide expert legal analysis on use-of-force events.
✅ Sign Up for a Concealed Carry Class – Get trained by certified professionals who teach the law behind the trigger.
🛡️ Compare Self-Defense Insurance Plans – Protect yourself legally before a self-defense situation ever happens.
🎯 Explore Our Shooting Drills – Build the skills to perform under pressure with drills we use in our own training.
📚 Learn Colorado Self-Defense Laws – Know your rights and responsibilities under CRS 18-1-704, 705, and related statutes before you carry.
