When a use-of-force case lands in court, one of the most important questions is this: Was it self-defense—or was it mutual combat? That distinction can be the deciding factor between a justified shooting and a criminal charge.
As a firearms instructor, I teach my students—whether they’re CCW holders, armed guards, or police—that “self-defense” is a legal defense, not a free pass. If you acted recklessly, started the conflict, or stayed when you didn’t need to, the courts may not side with you.
🔍 What is Mutual Combat?
Mutual combat refers to a situation where both parties voluntarily engage in a fight. If you consent to fight someone—even verbally—you may forfeit your right to claim self-defense.
Colorado law makes it clear: you cannot start the fight and then claim self-defense unless you try to walk away and the other person continues the aggression.
⚖️ What the Court Will Look At
Whether you’re facing charges or testifying in court, expect these questions:
- Who started the conflict?
- Did you escalate the situation?
- Were you legally allowed to be there?
- Was the threat immediate and serious?
- Did you use proportional force?
📚 People v. Pickering (2011)
In People v. Pickering, the defendant shot and killed a man after a confrontation. He was charged with multiple crimes, including reckless manslaughter. The trial court refused to give the jury a self-defense instruction for that charge.
The Colorado Supreme Court ruled that was a mistake. Even when someone is accused of acting recklessly, they may still be entitled to a self-defense instruction—if the facts support it.
The case reinforces a key principle: Self-defense must be evaluated based on all circumstances, including whether the accused was the initial aggressor or tried to withdraw from the fight.
🚫 You Can’t Provoke and Then Claim Self-Defense
Under CRS § 18-1-704(3)(b), a person who provokes the use of force cannot claim self-defense unless:
- They withdraw from the encounter in good faith, and
- They clearly communicate that withdrawal to the other person.
Once you do that—and the other person continues the aggression—you may then be justified in using force.
🧭 Colorado Law: No Duty to Retreat
Colorado is a “no duty to retreat” state.
That means if:
- You are not the initial aggressor, and
- You are in a place where you are legally allowed to be,
…then you are not required to retreat before using force to defend yourself.
This gives Colorado gun owners and guards strong legal protection—but it does not give you the right to instigate violence or escalate a verbal argument into a physical confrontation.
🧠 De-Escalation is Always the Smartest Move
Carrying a firearm means you take on more responsibility—not less. It’s not about “winning” the encounter. It’s about staying alive, free, and legally protected.
Good use-of-force decisions look like this:
- You tried to leave or defuse the situation.
- You didn’t make threats.
- You didn’t use force until it was absolutely necessary.
If the jury believes you wanted a fight or contributed to the chaos, your self-defense claim may fall apart.
✅ Final Thoughts: Know the Difference
Mutual combat destroys self-defense claims. If you’re in a confrontation, the best way to protect yourself is by not participating in the fight unless you are truly out of options.
Learn your rights. Train for reality. Avoid the courtroom.
🔒 Protect Yourself — Before You Ever Have to
We recommend:
- 🔫 Colorado Concealed Carry Classes
Learn the law, train your mind, and build muscle memory for real-world defense. - 🛡️ Self-Defense Insurance Plans
Because even if you do everything right, you could still be charged or sued. - 📚 Study Colorado’s Use of Force Laws
Knowing when you’re legally justified is just as important as being accurate with your firearm.
About the Author
Mark Schneider is the lead instructor at Concealed Carry Classes of Denver and a security training manager. He teaches real-world use-of-force law to civilians, guards, and professionals across Colorado.
⚖️ Legal Disclaimer
This article is for informational and educational purposes only and does not constitute legal advice. Concealed Carry Classes of Denver and its instructors are not attorneys. Always consult with a qualified attorney for legal advice specific to your situation. Use of force laws can vary by jurisdiction and may change over time. It is your responsibility to remain informed and in compliance with all applicable laws.
