Tag: Use of Force

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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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.

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.