Tag: CRS 18-1-704

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.

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Concealed Carry, Legal & Law

How to Legally Defend Someone Else in Colorado

Mark Schneider

If you’re a concealed carry permit holder, armed citizen, or security professional in Colorado, you’ve likely asked yourself: Can I legally defend someone else if they’re being attacked? The answer is yes — but only under certain circumstances.

Colorado law allows the use of force in defense of others, but just like with self-defense, there are limits. You can’t step in just because something “feels wrong.” You need to meet specific legal requirements — or you risk facing criminal charges, even if your intentions were good.

Colorado’s Legal Standard: Defense of Others

Under Colorado Revised Statutes § 18-1-704, you are justified in using physical force or deadly force on behalf of another person if that person would have been legally justified in using that force to protect themselves.

In plain English:

You must “stand in their shoes.” If they had the right to use force, you can act on their behalf — but no more than they legally could have.

The AOJ Triangle: Ability, Opportunity, Jeopardy

Before intervening, use the AOJ framework — the same used in courtrooms and law enforcement:

  • Ability – Does the attacker have the physical power or weapon to cause serious harm?
  • Opportunity – Are they close enough or positioned to carry out that threat?
  • Jeopardy – Is the victim in imminent danger right now?

If all three are present, defensive action may be justified.

When It’s Not Justified

You are not justified if:

  • The person you’re defending was the initial aggressor
  • You use more force than the situation calls for
  • You step in without understanding what actually happened
  • The threat has already ended (retreating attacker, person is safe, etc.)

Real-World Example: People v. Guenther

In People v. Guenther, the defendant intervened in a domestic dispute, believing a woman was in danger. He used deadly force — but the court ruled it wasn’t justified, because the threat had ended. Timing and perception matter. Even if your heart is in the right place, you can’t legally escalate a situation that’s already de-escalated.

What to Do Instead of Jumping In

  • Call 911 immediately
  • Gather information – Who’s the aggressor? What’s happening?
  • Give verbal commands (if safe): “Back away!” “I’m calling the police!”
  • Use force only if someone is in imminent danger and you are trained to do so

Final Thoughts: Train for Reality

Defending others is one of the most serious decisions you can make with a firearm. It requires training, good judgment, and a deep understanding of the law. That’s why we cover these real-life scenarios and legal frameworks in every concealed carry class we teach.

The information provided in this blog is for general educational purposes only and is not legal advice. Concealed Carry Classes of Denver LLC, its instructors, owners, and affiliates are not attorneys and do not provide legal representation. Laws may change and vary by jurisdiction, and interpretations can depend on specific facts and circumstances.
Always consult with a qualified attorney for legal guidance regarding use-of-force, self-defense, or firearms-related incidents in your area.

Concealed Carry, Legal & Law

Ability, Opportunity, and Jeopardy: When Is a Deadly Threat “Imminent” in Colorado?

Mark Schneider

🛡️ Self-Defense in Colorado and the “AOJ” Standard

When can you legally use force — especially deadly force — in self-defense?

Colorado law (C.R.S. § 18-1-704) says you can act if you reasonably believe you or another person is in imminent danger of unlawful force. But what exactly makes a threat imminent?

This is where the AOJ framework comes in:
Ability, Opportunity, and Jeopardy. It’s a simple, courtroom-tested way to break down whether a threat rises to the level that justifies defensive action — including the use of a firearm.

🔺 A.O.J. Explained:

✅ 1. Ability

Does the attacker have the means to cause serious bodily injury or death?

Examples:

  • A person holding a knife, gun, or bat
  • A large individual threatening to assault someone much smaller or weaker
  • Multiple assailants against a single person

Even bare hands can meet the “ability” requirement if the attacker is significantly stronger, or the victim is elderly, disabled, or on the ground.

✅ 2. Opportunity

Can they reach you or the person you’re protecting? Do they have the ability to carry out the threat right now?

Examples:

  • Someone with a knife standing 10 feet away — they have the opportunity
  • A person holding a bat across the street probably doesn’t… yet
  • Someone in a locked room with a gun and a clear line of sight? That’s opportunity

✅ 3. Jeopardy

Have they done something that clearly signals they intend to cause harm?

This is about intent — not just capability.

Examples:

  • Someone pointing a gun at you = jeopardy
  • Screaming “I’m going to kill you” while charging with a knife = jeopardy
  • Someone holding a gun but not making threats and walking away? No jeopardy.

This is the most subjective part, but also the most important.

🔁 Put it All Together

You need all three for a self-defense claim to hold up:

Ability + Opportunity + Jeopardy = Reasonable belief of imminent threat

If any one of those is missing — no go.

👮‍♂️ For Law Enforcement and Armed Security:

Your authority doesn’t change the AOJ standard. You’re still held to a reasonable belief of imminent threat, especially when using deadly force. AOJ helps explain why your decision to draw or shoot was justified — and more importantly, why not shooting might be reckless or negligent.

🔫 For CCW Holders and Armed Citizens:

This is the gold standard for explaining to a jury why you acted. Courts don’t care about feelings — they care about what was reasonable. Using the AOJ framework before pulling the trigger can protect you legally and ethically.

🧠 For Self-Defense Practitioners:

Train with this in mind. Every scenario you prepare for — in dry fire, in force-on-force, in mental reps — should include:

  • Recognizing the threat (AOJ present?)
  • Deciding whether to act
  • Clearly articulating why your belief was reasonable

Because the DA is going to ask why you thought it was okay to shoot — and you better have a clean answer.

💬 Real-World Example:

You’re walking to your car. A man quickly approaches, pulling a metal object from his waistband, yelling threats.

  • 🔺 Ability — A metal object (possibly a weapon)
  • 🔺 Opportunity — He’s within 15 feet and closing fast
  • 🔺 Jeopardy — He’s yelling threats and drawing something

That’s AOJ. A clear case of an imminent deadly threat — even if the object ends up being a phone. (See People v. Fuller.)

⚠️ Legal Disclaimer:

This content is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding the use of force and your rights under Colorado law.