Criteria for Using Deadly Force

carolinaconcealeds
Feb 16
5 min read

Updated: Mar 11

Understanding when it’s legally and ethically appropriate to use deadly force is a critical responsibility for anyone carrying a concealed firearm. This guide will walk you through the key factors to consider, empowering you to carry with confidence, ensuring you’re prepared to make informed decisions. Knowing the criteria can protect you legally and morally if you ever face a life-threatening situation. Ready to dive deeper? Check out our classes for hands on training.

What Does Deadly Force Mean?

Deadly force refers to using a firearm or other means with the intent to cause death or serious injury, typically reserved for self-defense when your life or someone else’s is at immediate risk. It’s a heavy decision that goes beyond simply carrying a gun—it involves understanding when the law and ethics align to permit such action. This isn’t about aggression; it’s about protecting yourself or others when all other options fail, making it essential to know the boundaries before you ever need to act.

The Four Essential Criteria for Deadly Force

There are four criteria that must all be met before deadly force can be considered justified.

1. Immediate and Reasonable Fear of Death or Grave Bodily Harm

Before considering the use of deadly force, you must have a reasonable belief that either you or another person is facing an immediate threat of death or serious injury.

"Reasonable" Standard: This means that an average person in your position, with the same knowledge and circumstances, would also believe deadly force was necessary.
"Immediate" Threat: The danger must be happening right now, not a potential or future risk. Someone yelling threats but standing across the street would not qualify, whereas an armed attacker charging at you would.
"Grave Bodily Harm" Defined: This includes injuries such as permanent disfigurement, loss of a limb, sexual assault, or any act that could cause long-term disability.

Example of Justification: A home invader armed with a knife rushes toward you in your living room.

Example of Not Justified: A person you argued with earlier says, "I’ll get you next time," but makes no move toward you.

2. You Must Be the Innocent Party

You cannot legally claim self-defense if you are the initial aggressor or if you provoked the encounter.

If you start a fight, then try to use deadly force when the other person retaliates, the law will not protect you.
However, if you attempt to withdraw from a confrontation but the other person escalates, you may regain the right to self-defense.
Words alone do not justify the use of deadly force. Simply being insulted or threatened does not allow you to respond with lethal action.

Example of Justification: A stranger corners you in an alley, pulls out a weapon, and demands your wallet.

Example of Not Justified: You get into a heated argument at a bar, shove someone, and they push back—at that point, you are not the innocent party.

3. No Lesser Force Is Sufficient

Deadly force is the last resort—you must determine that no other reasonable option (such as escape or non-lethal defense) would be enough to stop the threat.

If you can stop the attack using verbal commands, pepper spray, or by retreating safely, you should do so.
The law requires that the level of force you use matches the level of threat you face.
If the attacker is unarmed or much weaker, deadly force may not be justified unless they pose a real danger to life or limb (e.g., multiple attackers or someone much stronger overpowering you).

Example of Justification: A carjacker points a gun at you while ordering you out of your vehicle—non-lethal force is unlikely to be effective in this situation.

Example of Not Justified: A teenager tries to punch you in an argument, but they are unarmed and alone—you could escape or block the attack instead.

4. No Safe Means of Retreat or Escape

If you can safely avoid using deadly force by retreating, you must do so—unless you are in a state that follows "Stand Your Ground" laws.

In most states, the law favors retreat if it is safe and reasonable to do so.
Some states follow the "Castle Doctrine", which means you do not have to retreat if you are in your own home.
"Stand Your Ground" laws remove the legal duty to retreat before using force in a place where you are lawfully present.
However, if you corner yourself unnecessarily or escalate a situation when you could have left, you may lose the right to claim self-defense.

Example of Justification: You are trapped in an elevator when an attacker pulls a knife on you—there is no escape.

Not Justified: You are in a parking lot and someone confronts you aggressively, but instead of walking away, you choose to escalate the situation.

The Importance of Meeting All Four Criteria

Each of these four conditions must align for deadly force to be legally justified. If even one is missing, you could face criminal charges and civil lawsuits.

Training Matters: Taking a defensive firearms course can help you make the right decision under pressure.
Know Your State Laws: Deadly force laws vary by state, so make sure you understand your local laws regarding self-defense.
Situational Awareness: The best self-defense is avoiding a violent encounter altogether—stay aware, de-escalate conflicts when possible, and have a plan to escape danger if needed.

Applying the Criteria in Real Life

Putting these criteria into practice means assessing a situation in real time, which can be challenging under stress. Imagine you’re in a parking lot and someone approaches with a weapon—if you’re cornered, fear immediate harm, and can’t escape or de-escalate, the criteria might apply. But if you can walk away or use pepper spray, deadly force isn’t justified.

The Weight of the Decision

Using deadly force carries lifelong consequences, both legal and emotional. Even if you meet the criteria, you may face investigations, court proceedings, or personal guilt if a life is lost. This is why preparation is so important—knowing the criteria ahead of time helps you avoid using force prematurely and ensures you’re acting within your rights. In a real-life defensive encounter, you will have seconds—or even fractions of a second—to filter through all four criteria for using deadly force. Meanwhile, a prosecutor will have weeks or even months to build a case against you and present it to a jury. This stark contrast highlights why understanding these criteria beforehand is critical. It’s a sobering responsibility that underscores the need for ongoing education and self-reflection as a concealed carrier.

Mastering the criteria for using deadly force is a vital part of responsible concealed carry. Explore more of our resources and join a class today to practice these principles.

Always follow the 4 universal safety rules:

Treat every firearm as if it’s loaded.
Never point the muzzle at anything you’re not willing to destroy.
Keep your finger off the trigger until you’re ready to shoot.
Know your target and what’s behind it.

Following these rules ensures that you and those around you stay safe at all times.

Firearm safety is a mindset: there are no accidents, only preventable mistakes. Equip yourself with tools like gun safes, cable locks, gun flags, or first aid gear from our Shop to eliminate negligence. Ready to master this?

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