Homicide Defense Lawyers in Colorado Springs

A homicide charge is the most serious case in criminal law. The difference between the degrees of homicide, which often comes down to what a person was thinking in a few seconds, is the difference between a life sentence and a sentence measured in a few years. These cases need a defense that starts before charges are filed, if possible, and doesn’t let up.

The degrees of homicide

• First degree murder, including killing after deliberation with intent, is a class 1 felony, punished by life imprisonment.
• Second degree murder, knowingly causing a death, is a class 2 felony. It is a class 3 felony when the killing happened in a sudden heat of passion caused by a serious and highly provoking act.
• Manslaughter, recklessly causing a death, is a class 4 felony.
• Criminally negligent homicide, causing a death by failing to see a substantial and unjustifiable risk, in a gross deviation from the care a reasonable person would use, is a class 5 felony.

Deaths caused by impaired or reckless driving are usually charged as vehicular homicide. See vehicular crimes.

Felony murder

When someone dies during certain felonies, such as robbery, burglary, or kidnapping, the participants can be charged with murder even if they didn’t cause the death. Colorado now charges felony murder as second degree murder, not first. The law also gives a defense to a participant who wasn’t the only one involved, didn’t commit or aid the killing, wasn’t armed, and had no reason to believe anyone would do something likely to cause death or serious injury.

Self-defense and the mental state

Most homicide trials are about one of two questions: whether the killing was justified, or what the person’s mental state was. Self-defense, including the use of deadly force in the circumstances the law allows, is a complete defense, and once raised the prosecution must disprove it beyond a reasonable doubt. The line between intentional, knowing, reckless, and negligent conduct decides the degree, and it is proved with forensic evidence, witness accounts, and often expert testimony.

No time limit

There is no deadline for charging murder in Colorado. A case can be filed years or decades later, often after new forensic evidence emerges.

How we handle homicide cases

We get involved as early as possible, ideally during the investigation. We retain our own investigators and forensic experts rather than relying on the state’s, examine every piece of physical evidence, and challenge the charge level where the evidence of intent doesn’t support it. We tell you the truth about the evidence and about every option at each stage. Casey Kane prosecuted homicide cases as a deputy district attorney.