Violent Crimes / Homicide
Assault
In Colorado, assault involves intentionally or recklessly causing bodily injury to another person, or acting with the intent to cause fear of imminent bodily harm. Assault can be a serious thing, but we get it – sometimes things can get heated in the moment, especially when passions are high or disagreements arise.
Assault isn’t all black and white, different factors can influence the court’s decision. The severity of the offense can vary depending on factors such as the extent of injury, the use of weapons, and the relationship between the parties involved.
First-Degree Assault: This is the most serious form of assault and involves causing serious bodily injury intentionally, knowingly, or recklessly with a deadly weapon. It can also involve causing injury during the commission of a felony. Conviction of first-degree assault can result in significant prison time.
Second-Degree Assault: This charge can apply when if bodily injury occurs intentionally, knowingly, or recklessly with a deadly weapon, but without the specific intent required for first-degree assault. Second-degree assault can also involve causing injury through conduct that is deemed to be extremely reckless. Although penalties for second-degree assault are less severe than for first-degree assault, can still result in substantial prison sentences.
Third-Degree Assault: This offense typically involves causing bodily injury to another person knowingly or recklessly, or with criminal negligence. It may also involve assaulting certain protected individuals such as police officers, firefighters, or healthcare workers engaged in their duties. Third-degree assault is generally considered a misdemeanor offense but can still carry significant penalties, including fines and potential jail time.
An assault generally entails the application of physical force against another, either negligently, recklessly, or knowingly. The degree of intent and the seriousness of the injury can impact whether the assault is charged as a misdemeanor or a felony. Where serious bodily injury is alleged or where a deadly weapon was used usually results in a felony and the possibility of mandatory prison.
Homicide
Homicide is a general term that refers to killing another person. However, not all homicides are crimes. Killing in self-defense is not a crime, nor is killing the enemy under conditions of war considered a crime. To be convicted of criminal homicide, certain elements must be present. Criminal homicide is defined by degree and categorized as first-degree murder, second-degree murder, manslaughter, or vehicular homicide, depending on the specific intent and circumstances.
First-degree murder First-degree murder is the deliberate and premeditated killing of another person. Deliberation is defined in Colorado statutes as intentional and occurring “after the exercise of reflection and judgment concerning the act.”
First-degree murder includes these situations:
- Somebody was killed during the commission of certain felonies, referred to as felony murder.
- The accused committed perjury resulting in the conviction and execution of an innocent person.
- The accused showed extreme indifference to human life in general and knowingly put another person at grave risk of death, which resulted in the person’s death.
- The accused sold controlled substances to a child under the age of 18 on school grounds and the child died.
- While holding a position that merited the trust and respect of a child under 12 years old, the accused knowingly caused the child’s death.
- The accused murdered a police officer or firefighter.
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. A child older than 12 years may be tried as an adult in Colorado for committing a Class 1 felony.
Second-degree murder
Second-degree murder is knowingly causing the death of another person, which is a lesser standard than the element of deliberation required to prove first-degree murder. Self-induced intoxication is not a defense for second-degree murder. The driver in a fatal driving under the influence (DUI) accident can, therefore, be charged with murder. Second-degree murder is a Class 2 felony in most cases. If a victim was killed in a sudden heat of passion, the charge is reduced to a Class 3 felony.
Manslaughter
Manslaughter is causing the death of another through reckless action or by assisting another person to commit suicide. A person who consciously ignores the risk involved may be considered reckless under Colorado’s manslaughter laws. Manslaughter is a Class 4 felony.
When facing charges as serious as homicide, having experienced legal representation is crucial. At High Country Legal Group, we understand the gravity of such accusations and are dedicated to providing aggressive defense strategies to protect your rights.