Understanding when deadly force is legally justified in Colorado is one of the most important responsibilities for anyone who carries a firearm for self-defense. Carrying legally does not mean using force is automatically lawful. Every use of deadly force is judged after the fact by law enforcement, prosecutors, and potentially a jury.

Colorado law allows deadly force only under very specific conditions, and those conditions are evaluated using both statute and case law, not personal fear or subjective belief alone.

This article explains when deadly force may be legally justified in Colorado, using the controlling statute and the widely accepted five elements of self-defense.

Colorado Law on Deadly Force (CRS § 18-1-704)

Colorado Revised Statute § 18-1-704(2) sets the deadly-force rule. In plain English, deadly physical force may be used only if you reasonably believe:

1. A lesser degree of force is inadequate, and
2. One of the following applies:
   • You (or another person) are in imminent danger of being killed or receiving great bodily injury, or
   • The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business while committing or attempting certain burglary offenses, or
   • The other person is committing or reasonably appears about to commit:
     • Kidnapping
     • Robbery
     • Sexual assault
     • Assault

Aggravating factors are facts that elevate a situation from a non-deadly encounter to one where deadly force may be legally justified. In Colorado, these include circumstances where a person reasonably believes another is committing or about to commit kidnapping, robbery, sexual assault, or certain serious assaults, making lesser force inadequate under CRS § 18-1-704(2). These factors are considered alongside innocence, imminence, proportionality, and reasonableness when evaluating a self-defense claim.

The 5 Elements of Self-Defense in Colorado

Courts and juries commonly analyze self-defense through five core elements. For deadly force, you should assume all five will be scrutinized.

1) Innocence

You must not be the initial aggressor. If you provoke the encounter—verbally or physically—you can lose the legal protection of self-defense. Colorado’s statute also includes specific limits on self-defense where the actor provokes force or is the initial aggressor. Justia Law

2) Imminence

The threat must be immediate. Deadly force is about what is happening right now, not what might happen later or what happened earlier. This aligns with the statute’s focus on “imminent danger” and on crimes that are occurring or reasonably appear about to occur. Justia Law

3) Proportionality

Deadly force is reserved for deadly-force-level threats—or the specific felony circumstances Colorado lists (kidnapping, robbery, sexual assault, and first/second degree assault), plus certain burglary situations—combined with the statutory requirement that lesser force is inadequate. Justia Law

4) Reasonableness

This is the cornerstone. The question is not only what you believed, but whether your belief was reasonable under the circumstances. Colorado’s deadly-force rule is built around what a person “reasonably believes,” not merely what they claim afterward. Justia Law

5) Avoidance (No Duty to Retreat in Colorado)

Colorado law does not impose a duty to retreat before using lawful self-defense as long as you had a legal right to be where you were and did not provoke the incident physically or verbally.

• In People v. Toler, the Colorado Supreme Court addressed Colorado’s “no duty to retreat” doctrine and the problems created by incorrect self-defense instructions.
• People v. La Voie is a leading Colorado Supreme Court self-defense case emphasizing justified use of force when a person reasonably believes they face serious danger.

Practical note: retreating or disengaging is always a good idea if you can safely do so. While not legally required, avoiding a fight can prevent injury and reduce legal and financial risk.

Common Misconceptions About Deadly Force in Colorado

• Carrying a firearm legally does not justify using it
• Fear alone is not enough
• Warning shots are dangerous and legally risky
• Deadly force is judged by law, not emotion

Every use of deadly force will be examined in detail after the incident.

What Happens After a Deadly Force Incident

Even a legally justified use of deadly force typically involves:

• Detention or arrest
• A criminal investigation
• Possible charges or review by prosecutors
• Potential civil liability

Self-defense is a legal claim, not immunity from investigation.

Self-Defense Insurance

Even a lawful act of self-defense can trigger criminal investigations, civil lawsuits, and significant legal costs. Many CCW holders evaluate self-defense insurance or legal protection plans to help manage those risks—coverage varies by provider and state, so understanding the differences matters.
Learn more and compare options here: Self-Defense Insurance Comparison

Why Legal Education Matters

Understanding the law governing deadly force is just as important as firearms proficiency. Responsible carry includes knowing:

• When force is justified
• When it is not
• How your actions before and during an incident will be judged

Training should always include legal education, not just marksmanship.

Final Takeaway

Deadly force is legally justified in Colorado only when all five elements of self-defense are present and when the requirements of CRS § 18-1-704 are met.

It is not about fear.
It is not about intent.
It is about whether the use of force was reasonable, necessary, and lawful under Colorado law.

Frequently Asked Questions (Q&A)

Is Colorado a stand-your-ground state?

No. Colorado is not a stand-your-ground state. However, Colorado also does not impose a duty to retreat as long as you are lawfully present and did not provoke the encounter. Retreat may be considered when evaluating reasonableness, but it is not required by law.

Can you use deadly force to protect property in Colorado?

Generally, no. Deadly force is not justified to protect property alone. Colorado law limits deadly force to situations involving imminent threats of death, serious bodily injury, or specific violent felonies such as kidnapping, robbery, sexual assault, or certain serious assaults.

Is fear alone enough to justify deadly force?

No. Personal fear is not the legal standard. The law requires a reasonable belief that deadly force was immediately necessary. What matters is whether a reasonable person in the same situation would have believed deadly force was required.

Does brandishing or displaying a firearm count as deadly force?

Not automatically. Displaying a firearm may be considered a use of force depending on the circumstances. Whether it is lawful depends on context, intent, and whether the display was reasonable and defensive rather than threatening or provocative.

What happens after a legally justified use of deadly force?

Even when deadly force is legally justified, it is common for law enforcement to detain the individual and conduct a full investigation. Prosecutors may review the case, and civil liability is evaluated separately from criminal charges.

Does having a CCW permit change the legal standard?

No. A concealed carry permit allows lawful carry, not expanded authority to use force. The same self-defense standards apply whether or not a person has a permit.

Is retreat still a good idea if it’s not legally required?

Yes. While Colorado law does not require retreat, safely disengaging or retreating is often the best option when possible. Avoiding force altogether can reduce injury, legal risk, and long-term consequences.

Colorado Concealed Handgun Permit (CHP) Class

If you live in Colorado and are applying for a Concealed Handgun Permit (CHP), state law requires completion of a qualifying training course taught by a verified instructor. Our Colorado CHP classes meet current statutory requirements and include legal instruction, firearms safety, and required certification documentation.
View upcoming Colorado CHP classes and sign up here: Colorado Concealed Handgun Permit Class

Self-Defense Insurance

Even a lawful act of self-defense can trigger criminal investigations, civil lawsuits, and significant legal costs. Many CCW holders evaluate self-defense insurance or legal protection plans to help manage those risks—coverage varies by provider and state, so understanding the differences matters.
Learn more and compare options here: Self-Defense Insurance Comparison

Other Related Articles:

• Is It Legal To Fire Warning Shots In Colorado?
• Can You Defensively Display a Firearm in Colorado?
• Do I Need Self Defense Insurance?
• Can You Carry A Firearm In Your Car In Colorado?
• Can You Carry A Firearm In Boulder?
• Can You Open Carry In Denver?
• How To Get Your Colorado CCW
• Prohibited Area’s To Carry A CCW In Colorado

Legal Disclaimer

Legal Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Firearm laws can change, and local, state, federal, tribal, and municipal regulations may vary. Always verify current laws and consult a qualified attorney before carrying a firearm or making legal decisions related to self-defense. US Firearms Training Academy assumes no liability for actions taken based on this content.