Homicide Attorney in Denver

Colorado Homicide Charges: Classifications & Penalties

Colorado law defines several distinct homicide offenses, each carrying its own elements, defenses, and sentencing range. Understanding the charge is the first step in building a defense.

First-Degree Murder

Under C.R.S. 18-3-102, first-degree murder is a class 1 felony. Colorado abolished the death penalty in 2020, making life imprisonment without the possibility of parole the maximum sentence upon conviction.

Second-Degree Murder

Defined under C.R.S. 18-3-103, second-degree murder is a class 2 felony. The specific sentencing range depends on aggravating factors and prior criminal history.

Manslaughter

C.R.S. 18-3-104 classifies manslaughter as a class 4 felony. This charge typically applies when a death results from reckless conduct rather than a deliberate act or a knowing disregard for risk.

Criminally Negligent Homicide

The least severe classification, criminally negligent homicide under C.R.S. 18-3-105, is a class 5 felony. It applies when a person fails to perceive a substantial risk that their conduct will cause death.

How a Homicide Case Moves Through Denver’s Courts

Felony criminal cases in Denver, including homicide charges, are prosecuted in Denver District Court. Hearings are held at the Lindsey-Flanigan Courthouse in downtown Denver.

A typical homicide prosecution moves through several stages:

• Bond hearing: Determines whether the defendant may be released pending trial and under what conditions
• Preliminary hearing: The prosecution must show probable cause that the crime was committed and that the defendant committed it
• Pretrial motions: Challenges to evidence, statements, or constitutional violations that may affect what the jury sees
• Trial: Presentation of evidence and argument to a jury, which must reach a unanimous verdict

Defenses in a Colorado Homicide Case

The defenses available depend on the specific facts, the charge, and what the evidence shows. Common approaches include self-defense, defense of others, lack of intent, and challenges to the reliability of evidence such as witness identification or forensic analysis.

Colorado’s self-defense statute, C.R.S. 18-1-704, permits the use of physical force, including deadly force in certain circumstances, when a person reasonably believes it necessary to defend against unlawful force. Whether that standard applies in a given case is a fact-intensive question requiring careful analysis of the evidence and circumstances.