Understanding Unlawful Physical Force in Colorado
In Colorado, not all use of force is created equal. If you get into a fight — even if you believe you’re defending yourself — you could still be criminally charged if the force you used was unlawful.
That’s why understanding what unlawful physical force means is crucial for anyone who carries a firearm, works in security, or simply wants to defend themselves within the boundaries of the law.
📜 What the Law Says: CRS § 18-1-704
Under Colorado Revised Statutes § 18-1-704, you are justified in using physical force only if:
“A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person.”
However, the law clearly states you are not justified if:
“The initial aggressor provokes the use of unlawful physical force by the other person, with the intent to cause bodily injury or death to the other person.”
Or if:
“The physical force involved is the product of a combat by agreement not specifically authorized by law.”
✅ Example 1: Clear Self-Defense
You’re leaving a grocery store when a stranger aggressively approaches, yelling about how you parked. You hold your hands up and say, “I don’t want trouble,” and start backing away.
He gets in your face and swings a punch.
You block it and strike once in return, then run away.
Why this is lawful:
- You tried to de-escalate and retreat.
- You didn’t provoke the situation.
- The threat was imminent.
- Your use of force was reasonable and limited to stopping the attack.
❌ Example 2: You Provoked the Incident
You’re in a drive-thru and someone tries to cut in. You exit your vehicle, walk to their car, and yell, slapping the hood.
They get out and shove you.
You punch them.
Why this is unlawful:
- You initiated the conflict.
- Your aggressive behavior provoked the use of force.
- Even if they escalated, you created the situation — and the law does not protect someone who provokes an attack.
❌ Example 3: Mutual Combat
You argue with someone at a bar. It gets heated. You both agree to “settle it outside.”
Once outside, you both square off. You punch them first. They swing back. You land a heavy hit and they’re injured.
Why this is unlawful:
- You both voluntarily engaged in the fight.
- This is “mutual combat,” and not protected by self-defense law.
- Even if you didn’t throw the first punch, agreeing to fight voids your justification.
Why It Matters for CCW Holders and Armed Citizens
If you’re carrying a concealed weapon, your actions are held to a high standard. Misunderstanding what counts as lawful self-defense versus unlawful physical force can result in criminal or civil charges.
A jury won’t just ask what you felt — they’ll ask what a reasonable person would have believed and done under the same circumstances. If you provoked, escalated, or willingly participated in violence, you may lose your legal protection under Colorado law.
Final Thoughts
Colorado’s self-defense laws are built around one core idea: you must be reacting to an unlawful threat, not creating one. If you want the law to be on your side, you need to know exactly where the line is drawn between lawful and unlawful force.
Want to Learn More?
We break down use-of-force law, situational awareness, and justified self-defense in all our classes.
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