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
- 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?
- Deadly force is not for future danger. It’s only justified to stop a threat that’s happening right now.
- 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.
