Defending Those Charged with Violent Crimes in Colorado
If you have been charged or suspected of murder - homicide it is vitally important you obtain legal representation at the absolute earliest opportunity. Criminal Defense Attorney David Owen has handled these types of cases and possesses the skills and experience to navigate through the complex court proceedings and mount a defense to these charges. Below are the various forms of Murder - Homicide and their potential penalties. Again, it is vitally important to obtain knowledgable and skilled legal counsel to help you through this very difficult time.
Murder is defined as the killing of a person by another. C.R.S. 18-3-101(1)
A person is defined as a human being who had been born and was alive at the time of the homicidal act. C.R.S. 18-3-101(2)
There are six (6) different categories of murder-homicide: 1) Murder in the first degree C.R.S. 18-3-102
2) Murder in the second degree C.R.S 18-3-103
3) Manslaughter C.R.S. 18-3-104
4) Criminally negligent homicide C.R.S. 18-3-105
5) Vehicular homicide C.R.S. 18-3-106
6) First degree murder of a peace officer. C.R.S. 18-3-107
| "David answered my call immediately and agreed to represent me. David then promptly contacted the police department and was able to convince a very uncooperative detective to arrange an interview the next day without issuing a warrant." Testimonials |
Murder in the First Degree
Class 1 Felony
Possible sentence: Life without the possibility of parole or the death penalty
A person can be charged with Murder in the First Degree if any of the following apply:
1) After deliberation & with intent to cause death another person dies....
2) FELONY MURDER- death occurs during the commission or attempt to commit: arson, robbery, burglary, kidnapping, sexual assault, escape or while fleeing from the commission of a crime...
3) Committing perjury to obtain the conviction & execution of any innocent person...
4) Acting with unversal malice showing extreme indifference to the value of human life knowingly engaging in conduct creating grave risk of death and a person dies ...
5) Distribution, dispensation or sale of a controlled substance to a person under 18 years of age, on school grounds and a person dies from the use of the controlled substance...
6) A person in a position of trust to a child under 12 years of age, knowingly causes the death of that child.
Murder in the Second Degree
Class 2 Felony
Possible sentence: 8 - 24 years in prison with mandatory parole term of 5 years following release.
A person can be charged with Murder in the Second Degree if any of the following apply:
If the person knowingly causes the death of another person.
NOTE: Self-induced intoxication is not a defense.
Class 3 Felony
Possible sentence: 4 - 12 years in prison with mandatory parole term of 5 years following release.
IF : the act causing death was performed upon a sudden heat of passion, caused by a serious and highly provoking act by the intended victim affecting the defendant sufficiently to excite an irrestible passion in a reasonable person -
BUT, if between the provacation and the killing there is sufficient time for the voice of reason and humanity to be heard, the killing is a class 2 felony.
Manslaughter
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Manslaughter if any of the following apply:
1) A person recklessly causes the death of another person.
2) A person intentionally causes or aides another to committ suicide.
NOTE: Pulling the plug on a hospitalized person who has a DNR (Do Not Resuscitate) order on file does not submit an individual to criminal charges.
Criminally Negligent Homicide
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Criminally Negligent Homicide if any of the following apply:
The death of another person is caused by conduct amounting to criminal negligence.
Vehicular Homicide
Class 3 felony
Possible sentence: 4 - 12 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with a Class 3 Vehicular Homicide if any of the following apply:
If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or
more drugs, and such conduct is the proximate cause of the death of another. This is a strict liability crime. (Meaning if you are under the influence of alcohol or drugs the prosecution does not have to prove any intent to cause the death).
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with a Class 4 Vehicular Homicide if any of the following apply:
If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another.
NOTE: The fact that any person charged with a violation of this subsection is or has been entitled to use one or more drugs under the laws of this state shall NOT constitute a defense against any charge of violating this subsection. C.R.S. 18-3-106 (1)(b)(III)
First DegreeMurder of a Peace Officer
Class 1 felony
Possible sentence: Life without the possibility of parole or the death penatly
A person can be charged with First Degree Murder of a Peace Office if any of the following apply:
A person commits murder in the first degree and the victim is a peace office or firefighter engaged in the performance of his or her duties.
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Law Office of David L. Owen, Jr, P.C.
8854 S. Miners Street
Highlands Ranch, CO, 80126
Telephone: 720-863-4292
Toll-Free: 866-768-0506