First-degree murder (CRS 18-3-102) carries a life sentence without parole in Colorado State Prison. The state no longer has the death penalty. So defendants who had been on death row for a first-degree murder conviction will instead serve life imprisonment. Here are three things to know:

1. First-degree murder sentences are served in state prison

People convicted of murder in the first degree in Colorado will be sent to one of Colorado’s 21 prison facilities. All but two are state-run.

Unlike county jails, state prisons are typically located in more rural areas, and they only hold inmates who have been convicted of felonies.

2. First-degree murder is the most serious crime in Colorado

Colorado’s first degree murder statute – CRS 18-3-102 – comprises the five most egregious types of homicides:

1. Premeditated killings, where the defendant intentionally ended the victim’s life.
2. Committing perjury, which then results in an innocent person being convicted and executed.
3. Under circumstances showing extreme indifference to the value of human life, causing the death of another person by knowingly engaging in conduct which creates a grave risk of death.
4. Giving controlled substances to a child under 18 on school grounds, and the child dies from the drugs.
5. A person in a “position of trust” to a child under 12 knowingly causing the child to die.

First degree murder is therefore classified as a class 1 felony, the most serious category of crime under Colorado law. Now that the state no longer practices capital punishment, defendants convicted of first degree murder face life prison sentences without the possibility of parole.¹

Note that first-degree murder of a peace officer, firefighter, or emergency medical service provider (CRS 18-3-107) is its own separate crime under Colorado murder law. But it has the same penalty of life in prison.²

As of September 15, 2021, first-degree murder no longer comprises felony murder. Felony murder is unintentionally causing the death of another person in perpetration of certain serious or violent crimes, such as kidnapping or sexual assault. Now, felony murder is treated as second-degree murder – a class 2 felony. The sentence is 16 to 48 years in prison.³

3. There are many possible defenses to first-degree murder charges

Three potential defenses to criminal charges in first degree murder cases include:

1. The defendant acted in lawful self-defense;
2. The incident was an innocent, unpreventable accident;
3. The defendant is the victim of mistaken identity (such as being wrongly picked up out of a lineup).

Alternatively, it may be possible to get first-degree murder charges reduced to a lesser offense such as second-degree murder (which includes heat of passion murders) or criminally negligent homicide.

As long as the prosecution cannot prove guilt beyond reasonable doubt, the first-degree murder charge should be dismissed.

Call our DUI and criminal law firm for legal advice and to discuss creating an attorney-client relationship. Our criminal defense lawyers offer free consultations.

Our criminal defense attorneys practice throughout the state of Colorado, including Denver, Colorado Springs, Aurora, Centennial, Lakewood, and more.

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