When you are facing murder charges in Colorado, it is important to understand the severity of the charges against you. It may surprise you to learn that there are multiple types of murder, each with its own definitions and penalties. Murder charges are classified by “degree”. There are first-degree and second-degree murder charges, each designed to hold murderers accountable to the fullest extent of the law. Understanding the differences between these charges is crucial as you start working on your criminal defense strategy.
Murder is far more serious than an assault or battery offense. You could be charged with first-degree murder under Colorado Revised Statutes § 18-3-102 if you are accused of intentionally killing someone else. The murder must have been premeditated and with malice aforethought. Premeditation means you planned to commit the murder and malice aforethought means you willfully and knowingly meant to murder the alleged victim. You could also be charged with first-degree murder if:
First-degree murder is arguably the most serious criminal offense you can be accused of committing under the Colorado criminal justice system. This is a class one felony. You could serve the rest of your life in prison or even receive a death sentence if you are convicted.
According to Colorado Revised Statutes § 18-3-103, you can be charged with second-degree murder if you knowingly caused the death of someone else. Even if you did not specifically intend to cause the murder, you can still be guilty if you should have reasonably known that your actions were likely to cause someone else’s death. The primary difference between first-degree and second-degree murder charges is the lack of malice aforethought in second-degree murder charges.
Second-degree murder is one of the most serious violent crimes you can be accused of committing in Colorado. Typically, second-degree murder is charged as a class two felony. This is punishable by up to 48 years in prison and up to five years on parole. You could also be ordered to pay up to $1 million in fines.
Instead of charging you with first or second-degree murder, in some cases, the district attorney may opt to charge you with involuntary manslaughter or manslaughter. Under Colorado Revised Statutes Section 18-3-104, involuntary manslaughter is an unintentional or accidental homicide. If you caused someone else’s death due to recklessness or criminal negligence, you may be convicted. If you are found guilty of this class five felony, you could expect to spend up to three years in jail, mandatory two years on parole, and pay fines as high as $100,000. There are also many collateral consequences that could continue to impact your life for years to come.