Tag: Colorado self-defense law

Legal & Law

What Is Unlawful Physical Force in Colorado? Understanding Self-Defense and the Law

Mark Schneider

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.

👉 [View Upcoming CCW Classes in Colorado]
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Legal & Law

What People v. Fuller Teaches Us About Self-Defense and Mistaken Beliefs in Colorado

Mark Schneider

Can you legally defend yourself in Colorado even if you were wrong about the threat?

Thanks to People v. Fuller, the answer is yes — as long as your belief was reasonable under the circumstances.

In 1989, the Colorado Supreme Court ruled in favor of Fuller, who fired his gun during a chaotic bar fight after he thought he saw someone draw a weapon and fire a shot. Turns out, the other guy didn’t have a weapon — but Fuller’s perception of danger was reasonable.

Under C.R.S. § 18-1-704, Colorado law says you can use physical force — including deadly force — if:

  • You’re not the aggressor, and
  • You reasonably believe you or someone else is in imminent danger of being hurt or killed.

You don’t have to be right. You just have to be reasonable.

This case gives peace of mind to law-abiding citizens who carry — because in real-life situations, you won’t have time to confirm every threat before reacting. The law recognizes that.

Bottom Line:

Don’t wait to get shot. If you reasonably believe your life is in danger, Colorado law has your back — even if you’re mistaken.

✅ Takeaways for CCW Holders & Armed Professionals:

  • You’re protected if your belief was reasonable — even if it wasn’t correct.
  • Fuller’s case is a strong legal precedent supporting fast decision-making under stress.
  • The standard is what a reasonable person in your shoes would’ve thought at the time — not hindsight.

⚠️ Legal Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney regarding your rights and obligations under Colorado law.

Concealed Carry, Legal & Law

Understanding Imminence in Colorado Self-Defense Laws

Mark Schneider

Self-defense laws don’t just protect you from any threat—they protect you from imminent threats. If you act too soon, or too late, you might find yourself on the wrong side of the law.

Whether you’re carrying concealed or working in armed security, understanding imminence is critical. It affects when you’re legally allowed to use force—and when your use of force becomes a crime.

🔹 What Does “Imminent” Mean in Colorado?

Under C.R.S. § 18-1-704, you’re only justified in using force when you reasonably believe it’s necessary to stop the imminent use of unlawful force.

In plain terms:
The threat has to be happening right now—or be just about to happen. Not five minutes ago. Not later tonight. Not a vague threat for the future.

🔹 Imminent ≠ Possible or Inevitable

Imminent doesn’t mean:

  • “They said they were going to get me later.”
  • “They were angry and might come back tomorrow.”
  • “They once threatened me, and now I saw them again.”

Those are potential or future threats—not imminent ones.

An imminent threat is:

  • A knife is raised and they’re charging you.
  • A gun is drawn and pointed at you.
  • Someone is closing distance fast with clear intent to harm.

🔹 How Courts Evaluate Imminence

When deciding if a threat was imminent, a jury or judge will look at:

  • The timing of the threat (was it immediate?)
  • The body language, tone, and actions of the other person
  • Whether you had time to retreat or de-escalate
  • Whether the threat was credible (Did they have a weapon? Were they capable of carrying it out?)
  • What a reasonable person would have believed in that moment

🔹 Real-World Example

❌ Not Imminent

Someone yells, “I’m going to kill you next time I see you!” from across the street and then walks away. You pull your gun and shoot. That’s not an imminent threat—you’re now facing criminal charges.

✅ Imminent

Same person rushes across the street, pulls out a knife, and charges you yelling the same threat. Now, the threat is immediate—and if you reasonably believe you’re in danger of serious bodily harm or death, deadly force may be justified.

🔹 What About After a Threat Ends?

Once a threat ends, your legal right to use force ends too. If someone attacks you, but then retreats, drops the weapon, or is no longer a danger, using force after that point may be considered retaliation—not self-defense.

🔹 Tactical Takeaways

  1. You must be able to articulate the immediate threat. What did the attacker do or say that made you believe you had to act right then?
  2. Deadly force is not for future danger. It’s only justified to stop a threat that’s happening right now.
  3. Once the threat stops, you stop. Continuing to use force after the danger ends can turn a justified shooting into a criminal one.

🔚 Conclusion

Understanding imminence is crucial for anyone who carries a gun in Colorado. You don’t get to act on fear alone—you must act on an immediate, credible threat of unlawful force.

In the courtroom, the question won’t be “Were you afraid?” It’ll be:
“Was the threat imminent—and would a reasonable person have believed it too?”

That’s why judgment, timing, and proper training matter just as much as shooting skill.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a licensed Colorado attorney.