Why You’ll Likely Be Prosecuted, Sued — or Both
Most people think if you shoot someone in self-defense, the nightmare ends there. The truth? That’s when the real battle begins.
Whether you’re a CCW holder, a security guard, or law enforcement, you’re not automatically protected from criminal charges or civil lawsuits — even if your actions were legally justified. In today’s climate, you must be ready for the legal war that follows the gunfight.
🧬 The Human Body Will Fail Under Stress
Your body won’t behave the way you expect when someone’s trying to kill you. You’ll experience:
- Tunnel vision
- Auditory exclusion
- Loss of fine motor skills
- Adrenaline dump
- Freezing or posturing
- Cognitive distortion
This is why I train students to carry chambered and rehearse live-fire drills under time and pressure. You won’t rise to the occasion — you’ll default to your training.
🚨 Real Case Example: People v. Idrogo (Colorado)
💡 Case Study: People v. Idrogo
After a parking lot argument escalated, Idrogo shot someone he believed was a threat. He was arrested and charged, despite having no criminal history and calling 911. Prosecutors argued that the threat wasn’t clearly imminent, and that Idrogo had options to retreat.Lesson: Just because you believe you acted in self-defense doesn’t mean the state agrees. You’ll have to prove it — in court.
🚔 You Will Be Treated Like a Suspect — Even if You Did Everything Right
After a defensive shooting, you are not the hero in the eyes of the responding officers. You’re the person who just shot someone — and it will be treated like a crime scene.
Expect to:
- Be disarmed, detained, or arrested
- Have your firearm seized as evidence
- Be questioned under stress
- Have your every word recorded, scrutinized, and used against you
The cops don’t get to declare you innocent — the DA, judge, or jury does. Don’t make their case for them.
❌ Mistakes That Get People Prosecuted
Too many people carry firearms without ever preparing for the aftermath. These common mistakes can turn a justified shooting into a criminal trial:
- Talking too much to responding officers
- Saying “I feared for my life” without explaining why
- Failing to give clear verbal commands
- Carrying without a round chambered and fumbling under stress
- Escalating a situation instead of walking away
- Posting about the incident online
- Guessing or lying to fill in memory gaps
- Failing to immediately invoke your right to counsel
🧠 What to Say After the Incident: Ayoob’s 5-Point Checklist
Massad Ayoob’s post-incident checklist is the gold standard for what to say — and only say — to law enforcement after a defensive shooting:
- “This person attacked me.”
- “I will sign the complaint.”
- “There is the evidence.” (Point out the weapon, shell casings, property damage, etc.)
- “There are the witnesses.” (Identify anyone nearby who saw or heard what happened.)
- “I am invoking my right to remain silent, and I want to speak to my attorney.”
That last line is critical. Don’t try to explain, justify, or tell your story. Let your attorney do that after you’ve had time to calm down and think clearly.
⚖️ Even If You’re Cleared Criminally, You Can Still Be Sued
If you’re lucky, the prosecutor won’t file charges — or you’ll win at trial. But that doesn’t stop the other side from filing a civil lawsuit.
You could face:
- Wrongful death claims
- Personal injury lawsuits
- Financial ruin, even if you win the case
And in civil court, they only need to prove their side by 51%. The “reasonable doubt” standard doesn’t apply — and the jury could be stacked against you.
🛡️ Self-Defense Insurance: What It Actually Covers
A self-defense shooting can cost you $50,000–$150,000 or more in legal fees, bail, and expert witnesses — even if you’re acquitted.
That’s why I strongly recommend having a protection plan in place before you ever carry a firearm.
Plans like Right To Bear and Firearms Legal Protection offer:
- 🔒 Criminal defense coverage
- ⚖️ Civil liability protection
- 🧑⚖️ Expert witness funding
- 💸 Bail support
- 📞 24/7 emergency legal hotlines
- 🔁 No reimbursement delays — they act immediately
You can compare the best plans side-by-side on my self-defense insurance comparison page.
✅ What You Should Be Doing Right Now
- Train Beyond the Minimum
Colorado now requires 8 hours of training, live fire, and a written test. My classes go far beyond that with real-world legal scenarios, tactical drills, and mental preparation. - Practice Realistic Drills
Shooting paper isn’t enough. Learn to draw, move, reload, and make decisions under stress. Start with the [Schneider Drill] or [1-Shot Second Drill]. - Learn the Law
Study Colorado statutes like CRS 18-1-704, 18-1-704.5, 18-1-705, 18-1-706, 18-1-707, and 18-12-202.5 (effective July 1, 2025).
👉 Need help understanding them? Check out my Colorado Self-Defense Law and Case Law Guide — written in plain English with real examples. - Protect Yourself Legally
Insurance isn’t optional anymore. Without it, you’re one trigger pull away from financial ruin — even if you did everything right. - Memorize the 5-Point Checklist
It could save your life — and your freedom. Keep it in your wallet, glove box, or phone until it becomes second nature.
🎯 Final Word
You only get one shot to survive the incident — and one chance to survive the legal aftermath.
Train. Prepare. Protect yourself.
Don’t just focus on winning the gunfight — focus on winning the courtroom fight too.
🔗 Take Action Now
- 🧠 Book Your Concealed Carry Class
- 🛡️ Compare Self-Defense Insurance Plans
- 👨⚖️ Hire Mark Schneider as an Expert Witness for CCW or armed guard use-of-force cases
