Homicide

Homicide charges are some of the most serious criminal allegations you can face. In Colorado, there are several different categories of homicide crimes. The most serious homicide crime is first-degree murder. The least serious is criminally negligent homicide. However, all types of homicide require skilled legal representation from a criminal defense attorney.

The main homicide crime categories in Colorado are first-degree murder, second-degree murder, vehicular homicide, manslaughter, and criminally negligent homicide. The categories have different penalties associated with them.

First-Degree Murder

First-degree murder is covered by § 18-3-102. First-degree murder involves premeditated killings carried out intentionally.

Second-Degree Murder

Murder in the second degree falls under § 18-3-103. Second-degree murder encompasses deaths caused by knowing acts or felony activities.

Vehicular Homicide

§ 18-3-106 covers crimes of vehicular homicide. Car accidents caused by behaviors such as reckless driving or driving under the influence may fall into another category.

Manslaughter

Deaths caused by reckless behaviors may be considered manslaughter or intentionally aiding someone in committing suicide. Manslaughter falls under § 18-3-104.

Homicide by Criminal Negligence

Homicides caused by negligence on a criminal level are due to negligent behaviors. Criminally negligent homicide is covered by § 18-3-105.

The criminal penalties for homicide will depend on the defendant’s behaviors, intentions, and state of mind. The more intentional that the alleged killing was, the harsher the sentences are likely to be.

Possible Prison Penalties for Homicide in Colorado:

• 1st-degree murder is punishable by life in prison.
• 2nd-degree murder can be punished by 16 to 48 years.
• Vehicular homicide is punishable by 4 to 12 years in prison.
• Manslaughter is punishable by 2 to 6 years in prison.
• Criminally negligent homicide is punishable by 1 to 3 years in prison.
• Fines and other penalties are also possible, depending on charges and convictions

There are many possible defenses for homicide. Acting in self-defense, false accusations, and police misconduct, to name a few.

Your attorney will help you understand the legalities surrounding your specific charges and work on a defense strategy for the most favorable case outcome or plea deal. Even if you feel that you have a good defense, it is best to speak with an attorney first.

You have the right to remain silent and the right to request an attorney. The answer is always to have a lawyer. Accidents happen and sometimes, death is inevitable.

If you find yourself in a complicated situation where someone’s life is on the line, be careful what you do next. Obviously, the best course of action is to try and prevent death from occurring in the first place. No matter how serious a situation may seem, the penalties for murder vastly outweigh the penalties for battery, assault, attempted murder, or other serious crimes.

Shootings, vehicle accidents, and other kinds of reckless behavior may also lead to the death of someone else. Until you have spoken with a lawyer, it is best to remain silent so that anything you say when in an emotional state will not be held against you by prosecutors later. Politely refuse to answer any questions until your lawyer is present to represent your legal interests.

First-degree murder falls under Colorado Revised Statute 18-3-102. This is a class 1 felony punishable by life in prison. Murder in the first degree consists of different potential scenarios.

First-Degree Murder Charges May Follow Acts Like:

• Selling or distributing substances to children under the age of 18 that cause death
• Knowingly causing the death of a child in your trust under 12 years of age
• Perjury that leads to the conviction and execution of another person
• Killing by acting with extreme indifference to the value of someone else’s life
• Deliberately premeditating and killing another individual

If the murdered victim is an officer or a first responder, the penalty for conviction is life in prison with no possibility of parole. First-degree murder of a firefighter, emergency medical responder, peace officer, or any other officer of the law is explained in Colorado Revised Statute 18-3-107.

Murder in the second degree falls under Colorado Revised Statute 18-3-103. Second-degree murder occurs when someone knowingly causes the death of another person. The defendant may not have intended for the victim to die, but they knew that death was a likely result of their actions.

In Colorado, second-degree murder is a Class 2 felony. The sentence for this felony can range from 16 to 48 years in prison with a mandatory five-year parole sentence. Fines can range from $5,000 to $1,000,000.

In some instances, second-degree murder it’s considered a class 3 felony. This could occur if the defendant kills someone in an emotionally-charged, passionate situation, without premeditation. A “heat of passion” killing carries a sentence of 4 to 16 years in prison with 5 years of parole and $3,000 to $75,000 in fines.

Felony murder is also a second-degree murder charge. Felony murder happens if someone dies during the perpetration of crime such as arson, robbery, kidnapping, burglary, or sexual assault. If someone dies while the assailant is committing or attempting to commit one of these felonies, it does not matter if they intended for anyone to die. Penalties for felony murder include 16 to 48 years in prison and $5,000 to $1,000,000 in fines.

The definition of vehicular homicide can be found under Colorado Revised Statute 18-3-106. With vehicular homicide, reckless driving, drunk driving, drugged driving factors will be considered.

Vehicular homicide resulting from reckless driving is a class 4 felony in Colorado. The sentence for this class 4 felony ranges from two to six years in prison and $2,000 to $500,000 in fines. Vehicular homicides that result from DUI are class three felonies. The sentence for this form of vehicular homicide is 4 to 12 years in prison and $3,000 to $750,000 in fines.

In Colorado, manslaughter is defined under Colorado Revised Statute 18-3-104. Manslaughter involves recklessly causing the death of another person. Unlike murder, there is no intention to kill another person. Colorado also has another manslaughter definition that includes intentionally aiding in or causing the suicide of another person.

According to Colorado Revised Statute 18-3-105, criminally negligent homicide involves causing another person’s death through negligence. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists § 18-1-501.

Criminally negligent behavior is a Class 5 felony in Colorado. It is punishable by one to three years in prison and a fine ranging from $1,000 to $100,000.

If you are being charged with a homicide crime of any kind, contact our law firm immediately. Our team can schedule a homicide consultation for you and help you determine what the best course of legal action is for your individual case.

Call Koziel & Lehr Law LLC for Homicide Criminal Defense at (720) 314-8750.