Tag: Use of Force

Concealed Carry, Legal & Law

Understanding Self-Defense Laws in Colorado

Mark Schneider

In Colorado, self-defense is a powerful legal tool — but only when used correctly. Whether you’re a private citizen, concealed carry permit holder, law enforcement officer, or armed security guard, understanding the when and how of using force — especially deadly force — can mean the difference between a justified defense and a criminal charge.

This article breaks down Colorado’s self-defense laws, including recent updates, and how they apply in real-life scenarios.

⚖️ What Is an Affirmative Defense?

Self-defense in Colorado is considered an affirmative defense. That means:

  • You’re admitting that you used force,
  • But you’re claiming it was legally justified.

Once your attorney presents any credible evidence of self-defense, the burden shifts to the prosecution to prove beyond a reasonable doubt that your use of force was not justified.

🏛️ When Is Force Justified in Colorado?

Under C.R.S. § 18-1-704, physical force is justified if a person:

  • Reasonably believes it is necessary to protect themselves or another person from the imminent use of unlawful force.

🔴 When Is Deadly Force Justified?

Use of deadly physical force is only justified if the person reasonably believes it is necessary to:

  • Prevent death or serious bodily injury to themselves or another person;
  • Stop the commission of (or attempted commission of):
    • Robbery
    • Aggravated assault
    • Kidnapping or aggravated kidnapping
    • Sexual assault or aggravated sexual assault
    • First-degree arson

📝 Note: “Aggravated” crimes typically involve weapons, serious injury, or other elevated threats that justify a deadly response.

🧱 The Castle Doctrine – “Make My Day” Law (C.R.S. § 18-1-704.5)

In your home, Colorado law gives you broad authority to defend yourself. Under the Castle Doctrine:

  • You may use deadly force against an intruder if you reasonably believe:
    • The person unlawfully entered your home,
    • They have committed, or intend to commit, a crime inside,
    • And they may use any physical force, however slight.

You do not need to retreat or warn them — your home is your castle.

🚷 No Duty to Retreat (Colorado Vs. Monroe) – Colorado

Colorado is a No Duty To Retreat state. This means:

  • You have no duty to retreat if you’re in a place you’re legally allowed to be.
  • You have no duty to retreat and use force (including deadly force) if all other legal conditions are met.
  • This applies to public places, workplaces, and vehicles — not just inside your home.

👮‍♂️ Who This Applies To

🧍 Citizens & CCW Holders

  • Can use force to protect themselves or others from imminent unlawful force.
  • May use deadly force in situations involving:
    • Aggravated assault
    • Aggravated kidnapping
    • Aggravated sexual assault
    • Robbery
    • First-degree arson
  • Must not be the initial aggressor, unless they:
    • Clearly withdraw from the encounter, and
    • Communicate that withdrawal.

🛡️ Armed Security Guards

  • Operate under civilian use-of-force laws, not police standards.
  • May only use force proportionally and reasonably.
  • Must justify every use-of-force incident with detailed documentation.
  • May use deadly force only when facing serious, imminent threats or the crimes listed above.

👮 Law Enforcement Officers

  • Governed by C.R.S. § 18-1-707, which provides broader discretion in using force.
  • May use deadly force when arresting someone who:
    • Has committed a felony involving a deadly weapon,
    • Is actively using deadly force,
    • Or poses an immediate threat to others.
  • Off-duty officers acting in a private capacity (e.g., security) may fall under civilian self-defense laws.

⚠️ Self-Defense Limitations in Colorado

You cannot claim self-defense if:

  • You were the initial aggressor (and didn’t withdraw),
  • You were committing a forcible felony at the time,
  • The force used was excessive or reckless,
  • You misunderstood or overreacted to a non-lethal situation.

✅ Examples of Justified Use of Deadly Force

SituationLegally Justified?Why
Armed robber threatens clerk with a gun✅ YesRobbery with deadly weapon
Assailant attempts to rape a woman in a parking lot✅ YesAggravated sexual assault
Someone tries to burn down an occupied home✅ YesFirst-degree arson
Man slaps you lightly during a heated argument❌ NoNot deadly force–just a fistfight
You chase someone and shoot them as they run away❌ NoNo longer an imminent threat

🧠 Final Takeaway

Self-defense is your legal right — but it’s not a blank check. You need to understand:

  • What justifies force,
  • When deadly force is legal,
  • And how to articulate your decision under stress.

Every case is judged on whether your actions were reasonable, proportional, and necessary under the circumstances.

🎯 Need Legal Training or Firearms Instruction?

At Concealed Carry Classes of Denver, we provide expert instruction in:

  • Colorado Use of Force Law
  • Concealed Handgun Permit Courses (CHP)
  • Armed Security Training
  • Scenario-Based Judgment Drills

📍 Visit: ConcealedCarryClassDenver.com
📞 Call: 720-924-6654
📧 Email: cccdinstructor@gmail.com

Legal Disclaimer:
The information provided on this website is for educational and informational purposes only and does not constitute legal advice. Always consult with a qualified attorney regarding your rights and responsibilities under the law. Concealed Carry Classes of Denver makes no guarantees regarding legal outcomes and assumes no liability for the application of the information provided herein.

Concealed Carry, Legal & Law, Self Defense Insurance

Criminal Liability vs. Civil Liability: What Every CCW Holder Needs to Know

Mark Schneider

As a Concealed Carry Weapon (CCW) holder, understanding the difference between criminal liability and civil liability is critical. A single self-defense incident can lead to criminal charges, civil lawsuits, or both—each carrying serious consequences. Even if you win in criminal court, you can still be sued for damages in civil court, leading to financial ruin if you’re not prepared.

Criminal Liability

Criminal liability occurs when the government charges you with a crime, such as:

  • Using a firearm when not legally justified.
  • Discharging your weapon in a restricted area.
  • Carrying a firearm in a prohibited location.
  • Brandishing or threatening someone without legal cause.

If convicted, you could face fines, probation, or even jail time, depending on the severity of the charges. Even in a clear-cut self-defense situation, law enforcement and prosecutors will investigate your actions to determine if they were justified under the law.

How Prosecutors Approach Criminal Cases

Prosecutors analyze:

  • Intent: Did you act recklessly, or was your use of force necessary?
  • Reasonableness: Would a reasonable person in your position have used deadly force?
  • Evidence: Witness statements, surveillance footage, and forensic evidence all play a role in determining if charges are filed.
  • State Law: Stand-your-ground laws, duty-to-retreat, and castle doctrine vary by state and influence how cases are prosecuted.

Civil Liability

Even if you are found not guilty of a crime, you could still be sued in civil court. Civil liability involves lawsuits from individuals seeking financial compensation for injuries, emotional distress, or property damage.

You could be sued if:

  • A bystander is injured during a self-defense situation.
  • The person you shot (or their family) claims excessive force or wrongful death.
  • Someone argues your firearm caused unnecessary harm or fear.

Unlike criminal cases, civil lawsuits don’t require proof beyond a reasonable doubt—just a “preponderance of evidence,” meaning a judge or jury only needs to believe there’s a 51% chance you caused harm.

How Civil Attorneys Approach Lawsuits

Civil attorneys focus on:

  • Negligence: Was your use of force reckless or excessive?
  • Injury & Damages: Even if your actions were justified, they may argue you’re responsible for medical bills, lost wages, and emotional distress.
  • Deep Pockets: Civil lawsuits often target individuals with insurance, assets, or employers who might be held liable.

Case Study: The Kyle Rittenhouse Case

The Kyle Rittenhouse case is a well-known example of criminal and civil liability intersecting.

  • In 2020, Rittenhouse shot three men, killing two, during riots in Kenosha, Wisconsin. He claimed self-defense, arguing that he was attacked and feared for his life.
  • He was charged with multiple felonies, including first-degree intentional homicide.
  • During trial, his attorneys successfully argued that video evidence and witness testimony supported his claim of self-defense.
  • He was acquitted of all criminal charges in 2021.

What About Civil Liability?

Even after his acquittal, the families of the deceased filed lawsuits against him, claiming wrongful death. This highlights how winning in criminal court doesn’t prevent civil lawsuits—which can financially ruin someone even if their actions were legally justified.

The Estimated Cost of the Kyle Rittenhouse Case

The Rittenhouse case also demonstrates how expensive a self-defense incident can become.

Criminal Defense Costs

It’s estimated that Rittenhouse’s criminal defense costs exceeded $2 million. This includes:

  • Attorney fees
  • Expert witnesses
  • Private investigators
  • Court filing fees
  • Trial preparation

Most people don’t have access to millions in legal funds—which is why self-defense insurance is crucial for CCW holders.

Potential Civil Liability Costs

Even after his acquittal, Rittenhouse still faces civil lawsuits from the families of those he shot. Civil cases often cost:

  • $50,000 – $500,000 in legal fees just to defend yourself.
  • Millions of dollars if you lose and are ordered to pay damages.

Because civil lawsuits have a lower burden of proof (preponderance of evidence, rather than beyond a reasonable doubt), many people find themselves in financial ruin—even if they were legally justified in using force.

How to Protect Yourself

  1. Self-Defense Insurance:
    The best way to mitigate financial risk is by having self-defense insurance, which can cover legal defense costs, attorney fees, and damages in both criminal and civil cases. To compare the best self-defense insurance plans, check out our guide here:
    👉 The Best Self-Defense Insurance Programs – Comparison
  2. Know Your Local Laws:
    • Some states have stand-your-ground laws, while others require a duty to retreat.
    • Castle Doctrine applies in homes but not necessarily in public places.
  3. Responsible Firearm Training:
    • The more skilled and knowledgeable you are, the less likely you’ll make a costly mistake in a high-stress situation.
  4. Legal Representation:
    • Having an attorney on standby can be crucial. A good lawyer can advise you after a self-defense incident and help prevent statements that could be used against you in court.

What to Do After a Self-Defense Incident

✅ Call 911 immediately. Request police and medical assistance.
✅ Identify yourself as the victim. Say, “I was forced to defend myself.”
✅ DO NOT give a detailed statement. Only state that you were attacked and had to defend yourself.
✅ Call your attorney. If you have self-defense insurance, contact them immediately.
✅ Remain silent if arrested. Invoke your right to an attorney before answering any questions.

Final Thoughts

As a CCW holder, both criminal and civil liability can come into play if you ever use your firearm in self-defense. While criminal charges could take away your freedom, civil lawsuits could destroy you financially—even if you were legally justified in using force.

The best protection? Know the law, train often, and consider self-defense insurance. Learn more about the best insurance plans here:
👉 Self-Defense Insurance Comparison Guide

Gear and Equipment

Essential Tips for Armed Security Guards

Mark Schneider

Working as an armed security guard is more than just standing post—it’s about being proactive, prepared, and professional at all times. Whether you’re new to the job or have years of experience, these five essential tips will help you stay sharp, perform at your best, and, most importantly, make it home safely at the end of your shift.

1. Situational Awareness is Your First Line of Defense

One of the most important skills any security professional can develop is situational awareness. This means constantly scanning your environment, noting anything unusual, and anticipating potential threats before they become real problems. Pay attention to body language—nervousness, excessive movement, or concealed hands can be indicators of trouble. Trust your instincts. If something feels off, take it seriously and be ready to act accordingly.

Stay off your cell phone unless absolutely necessary. Distracted guards are ineffective guards, and looking at your phone takes your focus away from potential threats.

Pro tip: Avoid tunnel vision. It’s easy to get too focused on one thing, like a suspicious person or a security camera feed, and miss other developing situations around you. Keep your head on a swivel and stay engaged with your surroundings.

2. Know Your Use of Force Policy Like the Back of Your Hand

Understanding when and how to use force is not just a legal obligation—it’s a responsibility that could mean the difference between life and death. Every company and jurisdiction has different policies, but the general principle is the same: Use the least amount of force necessary to control a situation. Deadly force should always be a last resort.

Stay up to date on training, know your state’s self-defense laws, and understand concepts like proportionality and the escalation of force. If your company offers scenario-based training, take full advantage of it. Making the right decision under pressure starts with preparation.

3. Understand Company Policies and Post Orders

Every security company operates differently, and each site has its own set of rules. Your post orders outline exactly what’s expected of you, from reporting procedures to emergency protocols. Failing to follow these guidelines can result in disciplinary action—or worse, legal liability.

Make sure you thoroughly read and understand your company’s policies, standard operating procedures, and site-specific post orders. If something is unclear, ask for clarification from a supervisor. Knowing your responsibilities in detail ensures that you stay compliant and perform your duties effectively.

4. Stay Physically and Mentally Ready for Anything

Security work isn’t just about looking tough—it requires real endurance, strength, and mental resilience. Long shifts, standing for hours, and responding to high-stress situations can take a toll on your body and mind.

Regular exercise helps improve stamina and reaction time. Focus on a mix of strength training, cardio, and flexibility exercises to keep your body in top shape. Equally important is mental toughness—practice staying calm under pressure, work on breathing techniques, and develop a mindset of confidence without arrogance.

Pro tip: Poor physical condition can lead to slower response times and fatigue, making you a liability instead of an asset. Treat your body like another piece of your security equipment—keep it in working order.

5. Take Care of Your Gear—It Takes Care of You

Your gear is an extension of yourself, and if something fails at the wrong time, it could cost you dearly. That means regular maintenance and inspections should be a non-negotiable part of your routine.

  • Firearm: Clean and inspect it regularly. Do a chamber check and magazine check before each shift.
  • Vest: Check for wear and tear, ensure armor panels are correctly placed, and make sure it’s clean with clear identifiers such as a name tag, badge, and security patches.
  • Check your handcuffs: Make sure they are not double locked and are pre-set.
  • Flashlight: Make sure it’s charged, and always have spare batteries or a backup light.
  • Taser: Perform a test spark before each shift to ensure functionality.
  • OC Spray: Shake it regularly to maintain effectiveness and check the expiration date.
  • Duty Belt: Use belt keepers to secure it properly and prevent shifting during movement.
  • Radio: Keep it charged and test it at the beginning of each shift.

Never assume your gear is good to go—verify it. A malfunctioning radio, expired OC spray, or a loose retention holster strap can turn a simple situation into a nightmare.

6. Master the Art of De-Escalation and Verbal Judo

The ability to defuse tense situations without using force is one of the most valuable skills an armed security guard can develop. This is where verbal judo—a set of tactical communication strategies—comes into play. The five truths of verbal judo can help you maintain control while keeping interactions professional:

  1. People want to be respected. Disrespect often leads to resistance, while respect can open doors for cooperation.
  2. People want to be asked, not told. Giving someone the choice to comply instead of issuing direct orders reduces hostility and increases voluntary compliance.
  3. People want to be given options. Providing alternatives rather than ultimatums allows individuals to save face and feel in control of their decisions.
  4. People want a second chance. Offering an opportunity to correct behavior can prevent unnecessary conflict and escalation.
  5. People want to be heard. Acknowledging someone’s frustrations and allowing them to speak can often de-escalate a situation before it turns physical.

When communicating with the public, remain calm, controlled, and professional. Avoid aggressive language or tone. Instead, use tactical empathy—acknowledge the person’s frustration while steering the conversation toward compliance. Remember, your words can either escalate or defuse a situation—choose them wisely.

Pro tip: If you struggle with verbal de-escalation, practice role-playing scenarios with colleagues. Learning how to redirect aggression with words can prevent unnecessary physical confrontations.

These six tips are just the foundation of what it takes to be an effective armed security professional. The job requires constant learning and adaptability, but with the right mindset, training, and habits, you can excel in your role and keep yourself and others safe.

Stay sharp, stay ready, and always be professional.