Colorado First-Degree Murder

Homicide is the killing of a human being by another human being. States separate homicide into degrees according to the intent of the perpetrator. If the perpetrator intended to cause the death of another person and planned how to do so, the state files charges of first-degree murder.

In Colorado, first-degree murder is an intentional killing with deliberation and premeditation. Colorado revised its capital offenses statutes in 2021 and removed felony murder from its first-degree murder charges. Colorado law reserves first-degree murder for the most serious types of intentional murder.

In this article, we’ll focus on Colorado’s first-degree murder statute. Killings with intent but without deliberation are second-degree murder. Killings during other felonies were previously classified as felony murder, which is now charged as second-degree murder. In Colorado, voluntary manslaughter involves causing the death of a person in a sudden heat of passion caused by a serious and highly provoking act of the intended victim.

Colorado‘s First-Degree Murder Statute

The Colorado Revised Statutes (CRS) require a prosecutor to prove the defendant acted with both deliberation and intent to achieve a conviction for first-degree murder. Deliberation in this context means the defendant had enough time after forming the intent to plan the killing. Deliberation is sometimes referred to as a “cooling off” period.

Other types of first-degree murder include:

• Causing the conviction and execution of an innocent person through perjury or suborning perjury. The execution does not have to take place for the perjurer to face murder charges. Sentencing completes the crime if the victim faces execution or life without parole because of their actions.
• Causing the death of another person by knowingly engaging in actions causing a “grave risk of death.” This is sometimes called “evincing extreme indifference to the value of human life.”
• Selling or dispensing controlled substances on school grounds, leading to the death of a child under the age of 18. The defendant does not have be present at the time of the child’s death to face charges.
• Causing the death of a child under 12 years of age when the person is in a position of trust. This could include teachers, coaches, or a pastor.

An example of extreme indifference to human life would be someone firing a gun randomly into a house without knowing if anyone is inside, to “send a message” to one of the residents. While the person may not have intended to kill a specific individual, they knowingly created a grave risk of death and could still face first-degree murder charges if someone dies.

Colorado revised its felony murder law in 2021. Felony murder is any death that occurs during the commission of a statutory felony, such as:

• Arson
• Burglary
• Sexual assault
• Robbery
• Any act in furtherance of these crimes

Felony murder cases are now classified as second-degree murder in Colorado. Some other states still charge felony murder as a murder in the first degree.

Penalties

Murder in the first degree is a Class 1 felony. After a first-degree murder conviction, defendants receive life imprisonment without possibility of parole (LWOP).

Colorado abolished its death penalty in 2020. Death sentences for crimes before that date remain valid. Governor Jared Polis commuted the sentences of the three individuals on Colorado‘s Death Row when the state abolished the death penalty.

Defenses

There are two types of defenses to a murder charge. Justification means that the killing occurred, but the defendant committed the offense for a legally accepted reason. Possible justifications for homicide include:

• Colorado law permits the use of self-defense with equivalent force up to and including lethal force in defense of oneself, others, and their property
• Law enforcement officers in the course of their legal duties
• Other situations in which a reasonable person would believe there was no other course of action but the use of force and death resulted, known as a “choice of evils” (for example, killing a kidnapper during an attempted kidnapping)

Other defenses are affirmative defenses. A defendant must prove their affirmative defense after the prosecution has made its primary case on the facts. Affirmative defenses negate one or more of the elements of the crime. An affirmative defense may also reduce the charge of first-degree murder to a lesser-included offense, such as manslaughter.

Examples of possible affirmative defenses include:

• “Heat of passion:” A heat-of-passion crime negates the element of deliberation, reducing the crime to voluntary manslaughter
• Accident: If the killing was accidental and the defendant can show they acted carelessly or recklessly without intent to harm, they could see charges lowered to manslaughter or criminally negligent homicide
• Impaired mental condition: In addition to a legal insanity defense, Colorado also recognizes an impaired mental status as an affirmative defense to crimes of intent if they can show they lacked the ability to tell right from wrong or were unable to appreciate the nature and quality of their acts at the time of the offense (the M’Naughten standard is used)
• Police misconduct: In first-degree murder cases, a criminal defense attorney‘s job is to create reasonable doubt in the minds of the jurors through mishandled evidence, coerced confessions, and other improper procedures

Get Legal Advice From a Colorado Criminal Defense Lawyer

If you’re facing a criminal case for any degree of homicide, speaking with a Colorado criminal defense attorney is a necessity. First-degree murder is a serious crime in the state of Colorado, and you could face life in prison without parole if convicted. A skilled defense attorney will examine your case, explain your options, and work to get you the best possible outcome.