A Complete Guide for Civilians, CCW Holders & Security Guards
Why This Law Matters
Whether you’re protecting your home, carrying with a concealed handgun permit (CCW), or working security, you must know exactly when Colorado law allows you to use force to protect yourself or someone else.
If you get this wrong, it could land you in jail, ruin you financially through lawsuits, or end your career.
Colorado’s main law is CRS 18-1-704, which governs when you can use physical force — including deadly force — to defend yourself or a third party.
The Basic Rule Under CRS 18-1-704
Colorado law states you may use physical force on another person to defend yourself or a third person from what you reasonably believe is the use or imminent use of unlawful physical force by that person.
Your belief must be based on:
✅ Good, sound, mature, sober, objective judgment
— not mere fear, speculation, or anger.
When Can You Use Physical Force?
It’s not only about deadly threats.
You may use reasonable physical force to protect yourself (or someone else) against:
✅ Simple assault or bodily injury — for example:
- Someone trying to punch or shove you
- Someone threatening to hit your spouse, friend, or even a stranger
The key is that the force you use must always be reasonable and appropriate under the circumstances.
When Can You Use Deadly Force?
Deadly force is allowed only if you reasonably believe a lesser degree of force is inadequate and:
✅ You or another person is in imminent danger of being killed or suffering great bodily injury,
✅ The attacker is committing or appears about to commit burglary plus force inside an occupied dwelling or business, or
✅ The attacker is committing or about to commit certain serious violent felonies.
The Serious Felony Rule: Kidnapping, Robbery, Sexual Assault, Aggravated Assault
Deadly force is justified if you reasonably believe it’s necessary to prevent or stop someone who is committing (or clearly about to commit):
✅ Kidnapping: Forcibly taking or moving someone against their will.
✅ Robbery: Taking property by force, threats, or intimidation.
✅ Sexual assault: Forcibly engaging in sexual activity without consent.
✅ First- or second-degree assault: Causing serious bodily injury with a deadly weapon, or intentionally harming under certain elevated circumstances.
You don’t have to wait to see if the crime is completed. If it’s clear someone is about to be kidnapped, robbed, sexually assaulted, or seriously harmed in these aggravated ways, you may use deadly force if you reasonably believe lesser force won’t stop it.
Using Deadly Force to Stop First-Degree Arson
Colorado law also allows deadly force to prevent or stop first-degree arson, defined as:
Knowingly setting fire to, burning, or causing to be burned any building or occupied structure of another without their consent.
Trying to burn down a building — especially one that could be occupied — creates an imminent risk of death or serious injury. That’s why deadly force may be justified.
Still, your belief must be reasonable, based on sober, objective judgment, and the threat must be imminent, not hypothetical.
You Can’t Use Deadly Force to Protect Property Alone
A crucial limit:
👉 You cannot use deadly force just to protect property.
While you may use reasonable, non-deadly force to stop trespassing, theft, or property damage, deadly force is strictly reserved for protecting people — never just belongings.
✅ Property can be replaced. Lives cannot.
If someone breaks your car window or steals a lawnmower, you can’t shoot them.
But if they threaten you with a weapon, the situation becomes a threat to life, covered by self-defense rules.
Defending Other People
CRS 18-1-704 doesn’t just allow defense of yourself. It explicitly allows you to defend third parties if:
✅ You reasonably believe they’re about to be unlawfully attacked, kidnapped, robbed, sexually assaulted, seriously injured, or the victim of first-degree arson, and
✅ Your intervention is necessary to prevent harm.
Legally, you step into their shoes. Your belief must still be reasonable under the circumstances.
Fear vs. Reasonable Belief
👉 Colorado law does not allow you to use force simply because you were afraid.
There is no language in CRS 18-1-704 that says “fear alone” is enough.
Instead, it requires a reasonable belief — meaning:
✅ Good, sound, mature, sober, objective judgment.
Would it pass the “reasonable person” test?
Ask yourself:
Would another prudent, level-headed person, knowing what you knew at that moment, probably have done the same thing?
Could you stand in front of 12 jurors and convince them your decision was reasonable — that they’d likely agree and might have done the same themselves?
That’s what the law demands.
You Don’t Have to Wait to Be Attacked
Colorado case law — especially People v. La Voie (1964) — makes it clear:
“A person is not required to wait until he is attacked or struck, but may act on reasonable appearances of danger if he acts in good faith.”
You don’t have to take the first blow. If you reasonably believe there’s an imminent threat, you may act.
But later, you must show your belief was reasonable, not just fearful.
Imminence and the AOJ Triad
The threat must be imminent — happening now or about to happen.
Use the AOJ triad to analyze:
🔹 Ability = Means
Does the attacker have the means to harm?
- A gun, knife, bat, or overwhelming strength.
🔹 Opportunity = Position
Is the attacker in a position to use those means right now?
- Within striking distance, no barriers stopping them.
🔹 Jeopardy = Intent
Is there clear intent, through words, body language, or actions, to carry out the threat?
- Brandishing a weapon, shouting threats, moving aggressively.
When all three exist together, the threat is imminent — supporting your reasonable belief.
No Duty to Retreat: Colorado is a No-Duty-To-Retreat State
Colorado law says if you’re somewhere you have a legal right to be and your use of force is justified, you do not have to try to flee. You can have no duty to retreat.
Highlights from Colorado case law:
- People v. La Voie (1964): You can stand your ground facing deadly danger — no duty to retreat.
- People v. Toler (2000): Only the initial aggressor must withdraw; otherwise, there’s no duty to retreat.
- People v. Pickering (1997): Reaffirmed: if you didn’t start the fight, you have no obligation to retreat before using deadly force.
✅ If you reasonably believe force is necessary, didn’t provoke it, and are legally there, Colorado does not require you to run.
Who Has to Prove What?
Colorado strongly protects defenders.
Once you present some credible evidence of self-defense, the burden flips.
The prosecution must prove beyond a reasonable doubt that your use of force was not justified.
You don’t have to prove innocence. They must prove guilt.
Why Civil Liability is Still a Huge Risk
Even if you’re found criminally justified, you could still be sued in civil court.
👉 The standard there is much lower:
- Criminal: beyond a reasonable doubt.
- Civil: just “more likely than not” — only 51%.
That makes it far easier to lose a civil case, even after winning criminally.
This is why experienced CCW holders and security pros carry self-defense liability insurance, covering lawyers, expert witnesses, lost income, and even trauma support.
How This Applies to Civilians, CCW Holders & Security Guards
CRS 18-1-704 applies almost identically to:
- Civilians: Should prioritize avoidance, awareness, and knowing when non-lethal force is enough.
- CCW Holders: Must be absolutely clear on deadly force law, and ready to prove their choice was reasonable.
- Security Guards: Unless you’re commissioned as a peace officer, your right to use force comes from the same law as civilians. Always follow your SOPs, use only needed force, and document everything carefully.
Common Myths — Busted
🚫 “You have to shout a warning before shooting.”
False. It might help prove reasonableness, but the law doesn’t require it.
🚫 “If someone punches you, you can shoot them.”
Wrong. Deadly force requires an imminent threat of death or great bodily harm, or certain serious felonies.
🚫 “It’s stand-your-ground, so I can do whatever I want.”
No. You must still be lawfully present, not have provoked the incident, and your force must be necessary and reasonable.
Bottom Line: Be Ready, Be Trained, Be Covered
Using force — especially deadly force — is life-changing. Whether you’re defending loved ones, carrying under a CCW, or working security, you must:
✅ Understand Colorado’s rules on reasonable belief, imminence (AOJ: Ability, Opportunity, Jeopardy), and necessary force.
✅ Train under stress so you can later show your decision was based on good, sober, mature judgment — not just fear — and that 12 ordinary people would likely agree.
✅ Carry insurance to protect your financial future from criminal or civil fallout.
Ready to Train, Protect & Equip Yourself?
Ready to Train, Protect & Equip Yourself?
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Legal Disclaimer
This article is for general educational purposes only and does not constitute legal advice. If you’ve been involved in a use-of-force incident or have specific questions, consult a qualified Colorado attorney.
