Tag: justified shooting Colorado

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.

Concealed Carry, Legal & Law

What Is a “Reasonable Belief” in Self-Defense? Understanding the Legal Standard in Colorado

Mark Schneider

If there’s one phrase that shows up in almost every self-defense law, it’s this:
“The defendant reasonably believed…”

But what does reasonable belief actually mean under Colorado law? And how does it affect whether your use of force is justified?

Whether you carry concealed, work in armed security, or just want to protect your home and family, understanding this legal standard is crucial. Because in a courtroom, it’s not just what you believed—it’s whether your belief was reasonable to others.

🔹 What the Law Says

Colorado law doesn’t protect just any use of force. It protects people who use force based on a reasonable belief that it’s necessary to defend themselves or someone else.

Under C.R.S. § 18-1-704:
You are justified in using force if you reasonably believe that force is necessary to defend against the imminent use of unlawful force.

This standard applies whether you’re using physical force or deadly force—but the consequences are a lot more serious when a firearm is involved.

🔹 Reasonable Belief vs. Actual Threat

One of the biggest misconceptions is that the threat has to be real.
Not true.

What matters is whether you believed it was real, and whether a reasonable person in your situation would have believed the same.

For example:

  • If someone reaches into their waistband and makes a sudden move, and you think they’re pulling a weapon—that might be a reasonable belief, even if it turns out they were unarmed.
  • But if someone just yells at you from across a parking lot, and you shoot them without any movement toward you or clear threat—that’s probably not reasonable.

🔹 How Courts Decide What’s “Reasonable”

Colorado courts use the “reasonable person” standard. That means your actions are judged based on what an average, rational person would have believed in your exact situation, including:

  • The environment (e.g. dark alley vs. shopping mall)
  • The history between you and the other person (if known)
  • The speed and intensity of the threat
  • Whether you tried to de-escalate or retreat
  • The other person’s size, weapon, or actions

They do not evaluate your actions with perfect hindsight. They’re supposed to evaluate them from your perspective at the time—but through the lens of what a reasonable person would do.

🔹 Real-World Example

Let’s say someone aggressively confronts you in a parking lot, screaming threats and quickly reaching into their coat. You shoot, fearing they’re pulling a gun. It turns out they were just grabbing a phone.

If a jury believes your fear was reasonable under the circumstances, your use of deadly force could be justified—even though the person wasn’t actually armed.

Now flip the scenario: If someone is yelling but clearly walking away, and you shoot them in the back? That’s not a reasonable belief of imminent danger. You’re now facing a criminal charge.

🔹 How to Build Reasonable Belief Into Your Training

  1. Practice real-world judgment—not just marksmanship.
  2. Use scenario-based training that forces you to evaluate threats quickly.
  3. Learn to articulate what you saw and why you acted. This is what you’ll be doing if you’re ever in court.
  4. Know the law. You can’t form a legally reasonable belief if you don’t understand what the law actually says.

🔚 Conclusion

Self-defense law doesn’t expect perfection—but it does expect reasonableness. Your ability to recognize, assess, and respond to a threat appropriately will make or break your legal defense if you ever use force.

That’s why we say: If you carry, you must also carry the judgment to know when and why to use force. Understanding “reasonable belief” is where that starts.

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

Legal & Law

Self-Defense Laws: Force vs. Deadly Force in Colorado

Mark Schneider

When you’re carrying a firearm, whether for personal protection or in a professional role, one of the most important legal distinctions to understand is the difference between use of force and use of deadly force.

Colorado law clearly separates the two, and knowing where the line is can mean the difference between a justified act of self-defense—and criminal charges.

🔹 Why It Matters

You’re allowed to use physical force in a wide range of situations. But the second you use deadly force, the legal bar goes way up. You must meet stricter conditions, and your actions will be scrutinized under a microscope.

This is where many otherwise responsible gun owners get into trouble—not because they were malicious, but because they didn’t understand the law.

🔹 What Is “Use of Force”?

Under C.R.S. § 18-1-704, you’re allowed to use reasonable and appropriate physical force to defend yourself or someone else from the imminent use of unlawful physical force.

Examples of non-deadly force might include:

  • Shoving someone to break free
  • Using OC spray or a baton
  • A closed-fist punch in self-defense
  • Restraining someone without causing serious injury

You cannot use deadly force to stop a shove, slap, or verbal threat alone—even if it feels threatening.

🔹 What Is “Use of Deadly Force”?

Deadly force is any force that is intended or likely to cause death or serious bodily injury. This includes:

  • Firing a gun at someone (even if you miss)
  • Stabbing or striking with a deadly weapon
  • Strikes to vital areas (e.g., head with a hard object)

You’re only allowed to use deadly force under very specific conditions.

🔹 When Can You Use Deadly Force in Colorado?

Colorado law says you’re justified in using deadly force only when you reasonably believe it’s necessary to:

  1. Prevent imminent death or serious bodily injury to yourself or another person;
  2. Stop the commission of certain violent felonies, including:
    • Kidnapping
    • Sexual assault
    • Robbery
    • Burglary
    • Aggravated assault
    • First-degree arson
  3. Defend against someone unlawfully entering your home under Colorado’s Make My Day law (C.R.S. § 18-1-704.5).

Each of these situations still requires a reasonable belief that the threat is real and immediate.

🔹 What Counts as Serious Bodily Injury?

Colorado defines serious bodily injury (SBI) as:

  • Risk of death
  • Permanent disfigurement
  • Protracted loss or impairment of any body part or organ
  • Broken bones
  • Severe burns
  • Loss of consciousness due to injury

If the threat doesn’t rise to that level, you’re likely restricted to non-deadly force only.

🔹 Real-World Example

A man shoves you in a store parking lot after an argument over a parking space. He’s angry, but unarmed. You draw your firearm and fire.

Result: That’s deadly force—and likely not justified under Colorado law. You may be arrested and charged with a crime.

Now, if that same man pulls a knife and charges at you, and you reasonably believe you’re about to be killed or seriously injured? That’s a very different situation—deadly force may now be legally justified.

🔹 Tactical Takeaways

  • You must match the level of threat. Don’t escalate a non-deadly situation with deadly force.
  • Know the law before you carry. If you can’t articulate why deadly force was necessary, you’re in serious legal danger.
  • Training matters. Understanding threat assessment, de-escalation, and proportional response is key.

🔚 Conclusion

In Colorado, the legal difference between use of force and deadly force is massive—and the consequences of getting it wrong are life-changing.

Deadly force should be a last resort, reserved only for truly extreme threats. As a responsible armed citizen or professional, your best weapon is not your gun—it’s your judgment.

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