Colorado Second-Degree Murder

In Colorado, homicide means the killing of a person by another. Murder is generally a homicide committed knowingly or intentionally. Colorado recognizes three types of murder:

• First-degree murder is an intentional killing with premeditation and deliberation.
• Second-degree murder covers cases where the defendant knowingly causes the death of another person.
• Felony murder, where a death occurs during the commission of another serious crime, is also second-degree murder in Colorado.

Colorado homicide laws also include charges of manslaughter, criminally negligent homicide, and vehicular homicide. These crimes involve unintentionally causing the death of another person due to recklessness or criminal negligence.

Second-Degree Murder in Colorado

In Colorado, murder in the first degree requires “deliberation and intent.” This means the killer intends to kill their victim and plans how to do it. First-degree murder charges can also apply if someone commits perjury (lies under oath) and it leads to the conviction and execution of an innocent person.

A person commits second-degree murder when they knowingly cause the death of another person, but lack the premeditation necessary for first-degree murder.

A common example of second-degree murder in Colorado is a “heat of passion” murder. If a person finds their spouse in bed with another person and becomes so angry that they kill them, the crime is second-degree murder. The inciting event must be one that a reasonable person would find provoking. Colorado law excludes discovery of the victim’s gender or sexual preference as reasonable grounds for a “heat of passion” murder.

Felony Murder

Colorado revised its first- and second-degree murder statutes in 2021. The state removed felony murder from the first-degree murder statute and placed it in second-degree murder.

Felony murder occurs when a defendant takes part in a dangerous crime and someone else dies as a result. It applies to specific felonies, including:

• Arson
• Kidnapping
• Sexual assault
• Burglary
• Robbery
• Escape

In Colorado, the felony murder rule applies if a bystander is killed during an attempt at one of these crimes, during the crime itself, or while participants flee from the scene. However, it does not apply to deaths of other participants.

For instance, if two people rob a convenience store, and one of them shoots the clerk, both robbers can face charges of felony murder.

However, if two people rob a store and while fleeing, one gets hit by a bus, the other robber will not face charges due to their partner’s death.

Penalties

Colorado abolished its death penalty in 2020. The penalty for second-degree murder depends on the exact circumstances of the case. Second-degree murder is a Class 2 felony.

“Heat of passion” crimes are Class 3 felonies unless “there is an interval sufficient for the voice of reason and humanity to be heard” between the event and the crime. Then the charge is a Class 2 felony. The “heat of passion” reduction is a mitigating factor, presented after the defendant a conviction for second-degree murder.

For instance, if a person finds their spouse in bed with another person, grabs a heavy lamp, and bludgeons them to death, the crime is a Class 3 felony. If the person had time to run to the dresser, grab their gun, and turn and shoot them, there was an “interval” to think about the crime. So it would become a Class 2 felony.

Class 2 felonies are punishable by 16-48 years in prison. Class 3 felonies are punishable by four to 12 years in prison. Parole is a possibility, but it depends on the facts of the case and the sentence handed down by the judge.

Defenses

A charge of second-degree murder is often a “lesser-included offense.” That is, the prosecutor may charge a defendant with first-degree murder and second-degree murder if they are not sure they can prove premeditation. Then the jury decides which charge is best supported by the evidence.

Most defense strategies attempt to raise reasonable doubt with the jurors. The crime of murder has enough nuance that anything which reduces the defendant’s intent or participation in an offense assists in the defense.

For example:

Sudden Heat of Passion

Second-degree murder charges have two possible levels, so a defendant can attempt to show they committed the offense in a fit of rage rather than after a moment’s thought. This can reduce the charge from a Class 2 felony to a Class 3 felony.

Reduced Charges

Manslaughter (§ 18-3-104) and criminal negligence (§ 18-3-105) are related offenses where the defendant causes the death of another person due to recklessness or carelessness. Manslaughter is also charged when a non-medical professional assists in a suicide.

Police Misconduct

A criminal case depends on an unbroken chain of evidence, and evidence gathered according to the Colorado criminal code. Other types of misconduct include coerced confessions or improper witness questioning.

Self-Defense

Self-defense is an affirmative defense to homicide charges. An affirmative defense means the defendant admits the crime happened, but there was sufficient justification for their actions. Self-defense includes:

• Defending yourself or others
• Defense of your home or property

To justify homicide, self-defense generally requires the defendant to reasonably believe they are in imminent danger of serious bodily injury or death.

However, Colorado law also allows for the use of deadly force in a home invasion. If an intruder unlawfully enters a person’s home and the homeowner reasonably believes a crime has been or will be committed within, they can use deadly force regardless of the physical threat presented.

If a defendant presents evidence of self-defense, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense.

This type of defense strategy requires help from a skilled criminal defense lawyer. Defendants should not try to present these defenses alone.

Get Legal Advice from a Colorado Criminal Defense Attorney

A conviction on any homicide charges can result in many years in prison. The state of Colorado treats murder seriously. To protect your rights and get the best possible outcome, you should consult a Colorado criminal defense attorney immediately if you face charges for any violent crime.