Apparent Threat Slides

Five Elements of Self-Defense
Innocence
Imminence
Proportionality
Reasonableness
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LOSD LLC © 2023 Attorney Andrew F. Branca
Reasonableness: Overview
Reasonableness has both a subjective and objective component.
Defender must have possessed a genuine, good faith, subjective

belief in the need to act in self-defense as he did; AND
That subjective belief must also be objectively reasonable; an

irrational or speculative belief is not enough.
Reasonableness: Mental State of the Defender
18-1-704. Use of physical force in defense of a person - definiFons.
(1) Except as provided in subsecGons (2) [deadly force self-defense]

and (3) [exclusions] of this secGon, a person is jusGfied in using
physical force upon another person in order to defend himself or
a third person from what he reasonably believes to be the use or
imminent use of unlawful physical force by that other person,
and he may use a degree of force which he reasonably believes
to be necessary for that purpose.
Imminence: SubjecFve and ObjecFve Reasonableness
18-1-704. Use of physical force in defense of a person - definiFons.
(2) Deadly physical force may be used only if a person reasonably

believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe,
that he or another person is in imminent danger of being killed
or of receiving great bodily injury; or
(b) [burglary of a dwelling scenarios]; or
(c) [kidnapping scenarios]
Burden of Proof for Affirmative Defense:
Reasonableness: Defeated only when prosecutor has proven

beyond a reasonable doubt that …
The defender lacked either a genuine, good faith subjective belief in

the need to act in self-defense as he did, or that subjective belief was
objectively unreasonable.
Note: It is not necessary that the defender be correct.
Self-defense is allowed against reasonably perceived threats.

Reasonably Perceived Threats
Shockingly common for suspects to be wielding fake, replica, BB gun

versions of “pistols” that are indistinguishable in the moment from
an actual functional firearm.
And when they encounter law enforcement the use-of-force

outcomes are predictably poor.
Jor’dell Richardson (14yo, Denver CO, June 2023)
Unnamed Juvenile (15yo, Fresno CA, July 2023)
Glock 19X, Evidence Photo Glock 19X (Glock.com)

Tamir Rice (13yo, Cleveland OH, November 2014)
1911, Tamir Rice
1911, Actual
lawofselfdefense.com/publicdefender
lawofselfdefense.com/publicdefender
“It is fundamental that the law of self-defense, which is emphatically a
law of necessity, involves the question of one's right to act upon
appearances, even though such appearances may prove to have been
deceptive; also the question of whether the danger is actual or only
apparent, and as well the fact that actual danger is not necessary, in
order to justify one in acting in self-defense. Apparent necessity, if well
grounded and of such a character as to appeal to a reasonable person,
under like conditions and circumstances, as being sufficient to require
action, justifies the application of the doctrine of self-defense to the
same extent as actual or real necessity.”
Young v. People, 107 P. 274 (CO Supreme Court 1910)

“Person assailed may act on appearances. When a person has
reasonable grounds for believing, and does in fact actually believe, that
danger of his being killed or of receiving great bodily harm is imminent,
he may act on such appearances and defend himself, even to the extent
of taking human life when necessary, although it may turn out that the
appearances were false, or although he may have been mistaken as to
the extent of the real or actual danger.”
People v. La Voie, 395 P.2d 1001 (CO Supreme Court 1964)
18-1-704. Use of physical force in defense of a person –
defini:ons.
(2) Deadly physical force may be used only if a person
reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does

believe, that he or another person is in imminent danger of
being killed or of receiving great bodily injury …
H:12 USE OF DEADLY PHYSICAL FORCE (DEFENSE OF PERSON)
The defendant was legally authorized to use deadly physical force

upon another person without first retreaGng if:
….
3. [he [she] had a reasonable ground to believe, and did believe,

that he [she] or another person was in imminent danger of being killed
or of receiving great bodily injury.]

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Five Elements of Self-Defense

Reasonableness has both a subjective and objective component.

Defender must have possessed a genuine, good faith, subjective

That subjective belief must also be objectively reasonable; an

18-1-704. Use of physical force in defense of a person - deﬁniFons.

(1) Except as provided in subsecGons (2) [deadly force self-defense]

18-1-704. Use of physical force in defense of a person - deﬁniFons.

(2) Deadly physical force may be used only if a person reasonably

Reasonableness: Defeated only when prosecutor has proven

The defender lacked either a genuine, good faith subjective belief in

Note: It is not necessary that the defender be correct.

Self-defense is allowed against reasonably perceived threats.

Shockingly common for suspects to be wielding fake, replica, BB gun

And when they encounter law enforcement the use-of-force

Glock 19X, Evidence Photo Glock 19X (Glock.com)

1911, Tamir Rice

Young v. People, 107 P. 274 (CO Supreme Court 1910)

People v. La Voie, 395 P.2d 1001 (CO Supreme Court 1964)

(a) The actor has reasonable ground to believe, and does

The defendant was legally authorized to use deadly physical force

3. [he [she] had a reasonable ground to believe, and did believe,

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