Murder Cases

Homicide is a general term that refers to killing another person. However, not all homicide is murder. Killing in self-defense is not murder, nor is killing the enemy under conditions of war considered murder. Murder is defined by degree and categorized under different classifications. Murder falls under the jurisdiction of state laws, and laws vary from state to state.

Colorado statutes set stiff penalties for first-degree murder, with the minimum sentence of life in prison without parole, and the maximum sentence of the death penalty.

Here are some classifications for murder in Colorado:

First degree murder: Deliberate and pre-meditated killing of another person. There must be a deliberation to kill. Deliberation is explained in Colorado statutes as intentional and "after the exercise of reflection and judgment concerning the act." Examples of first-degree murder in Colorado include the following:

• Felony murder, which is killing that occurs during the commission of certain felonies
• Committing perjury that results in the conviction and execution of an innocent person
• Manifesting extreme indifference to human life in general and knowingly putting another person in grave risk of death, which results in his/her death
• Selling controlled substances to children under 18 on school grounds, resulting in the child's death
• Knowingly causing death to a child under 12 years old when holding a position of trust and respect to the child
• Murdering a police officer or fireman

Murder in the first degree is a Class 1 felony. The penalty for a Class 1 felony is life in prison without parole or the death penalty. Children over 12 may be tried as an adult in Colorado courts for a Class 1 felony. However, while the child will be sentenced to life in prison, the child may not be given a death sentence.

Second-degree murder: Knowingly causing the death of a person. "Knowingly" is considered less culpable than the "deliberation" involved in first-degree murder. Self-induced intoxication resulting in lowered responsibility is not an acceptable defense for second-degree murder. Second-degree murder is a Class 2 felony in most cases. When the death was caused "upon a sudden heat of passion" the class is reduced to a Class 3 felony.

Manslaughter: Causing the death of another through reckless action or by assisting another person to commit suicide. "Recklessness" is considered less culpable than "deliberate," "extreme indifference," or "knowingly" killing and is regarded as consciously ignoring the risk involved. Manslaughter is a Class 4 felony.

See examples of Colorado murder trials Patrick Mulligan has successfully litigated here.

To find out how Patrick Mulligan can help you handle Colorado murder charges, go here or call (303) 860-8100.