• 16 – 48 years in prison (with 5 years parole), and
• $3,000 – $1,000,000 in fines

Courts can lower the charge to a class 3 felony. This occurs when the defendant kills in the heat of passion. An example is walking in on a cheating spouse and immediately killing them in a fit of rage.

The reduced sentence for a “heat of passion” killing is:

• 10 – 32 years in prison (with 5 years parole), and
• $3,000 – $75,000 in fines²

2.1 What is felony murder?

Felony murder is a type of second-degree murder in Colorado. Felony murder occurs when someone dies during the perpetration of either:

1. Arson (18-4-102 – 105 C.R.S.),
2. Robbery (18-4-301 – 303 C.R.S.),
3. Burglary (18-4-202 – 204 C.R.S.),
4. Kidnapping (18-3-301 – 302 C.R.S.),
5. Sexual assault (18-3-402 C.R.S.), or
6. Sexual assault on a child (18-3-405 C.R.S.)

Therefore, people are criminally liable for 2nd-degree murder if someone dies while they are committing – or attempting to commit – one of the above felonies. It does not matter if they had no intention for anyone to die.

The penalties for felony murder include 4 to 48 years in prison (with 5 years parole) and $3,000 – $1,000,000 in fines.³

3. What is vehicular homicide?

Vehicular homicide under 18-3-106 C.R.S. is a fatal car accident in Colorado caused by:

• Reckless driving, or
• Drunk or drugged driving

Vehicular homicide resulting from reckless driving is a class 4 felony. The sentence is:

• 2 – 6 years in prison (with 3 years parole), and/or
• $2,000 – $500,000 in fines

Vehicular homicide resulting from DUI is a class 3 felony. The sentence is:

• 4 – 12 years in prison (with 5 years parole), and/or
• $3,000 – $750,000 in fines⁴

4. What is manslaughter?

Manslaughter under 18-3-104 C.R.S. is recklessly causing another’s death. Unlike murder, there is no knowing intention to kill.

Example: Jack carries a loaded gun. Jack gets into an argument with a neighbor. To scare him, Jack takes out his gun. But it goes off by accident, killing the neighbor. Jack did not knowingly cause his death. Therefore, it is not murder. But his reckless actions resulted in death. So the D.A. charges him with manslaughter.

Colorado law has a second definition of manslaughter: Intentionally causing or aiding another person to commit suicide.

Manslaughter is a class 4 felony. The sentence is:

• 2 – 6 years in prison (with 3 years parole), and
• $2,000 – $500,000 in fines⁵

5. What is criminally negligent homicide?

Criminally negligent homicide under 18-3-105 C.R.S. is causing another person’s death by criminal negligence.

Criminal negligence is careless behavior. Colorado’s legal term for this is “gross deviation from the reasonable standard of care.”

Example: Mary owns a jewelry shop where she pierces ears. One time she forgets to sterilize her needles. Then the customer gets an infection and dies. Not sterilizing the needles is clearly negligent. So she would probably face charges for criminally negligent homicide.

Criminal negligence is less blameworthy than recklessness. Had Mary knowingly used a dirty needle, she would probably face manslaughter charges instead.

Criminally negligent homicide is a class 5 felony. The punishment is:

• 1 – 3 years in prison (with 2 years parole), and
• $1,000 – $100,000 in fines⁶

6. What are the most common defenses to murder?

Depending on the facts, murder defenses may include:

• The defendant killed in lawful self-defense or defense of others (“justifiable homicide”).
• The defendant is a victim of mistaken identity.
• The defendant was falsely accused.
• The death was a blameless accident or the victim’s fault.
• The police officer’s misconduct prevents the defendant from having a fair trial (such as planting evidence, tampering with evidence, or coercing a confession).
• The defendant’s actions were not premeditated – this “partial defense” could get 1st-degree murder knocked down to 2nd-degree.
• The defendant did not act knowingly – this “partial defense” could get 2nd-degree murder lessened to manslaughter.

Murder is rarely captured on film. Therefore, the district attorney often relies on circumstantial evidence to piece together what happened. Forensic and accident reconstruction experts can shed light on what really happened. If the defense attorney can raise a reasonable doubt, charges should not be sustained.

7. What civil remedies do victims’ families have?

Families of homicide victims (“decedents”) may have grounds to sue for:

• Wrongful death,
• Intentional infliction of emotional distress, and/or
• Negligence

Potential defendants include not only the alleged killer. They also include anyone else who may share responsibility. For instance, the property owner where the homicide took place could be liable for not providing proper security.

In the lawsuit, victims’ families would fight for compensatory damages. This is money to cover their:

• Pain and suffering,
• Grief and sorrow,
• Medical expenses,
• Loss of the decedent’s earnings, services, insurance, and/or retirement benefits,
• Any property damage that occurred, and/or
• Funeral expenses

Should the case reach trial, victims’ families can also ask for punitive damages. The purpose of punitive damages is to punish the defendant. And the amount can be much larger than compensatory damages.

8. How many years do you get for murder in Colorado?

First-degree murder carries life in Colorado State Prison. And second-degree murder is punishable by four to 48 years in prison (though “heat of passion” killings carry a maximum 32-year sentence).

Meanwhile, manslaughter carries two-to-six years in prison. And criminally negligent homicide is punished by one-to-three years in prison.

Finally, vehicular homicide from reckless driving carries two-to-six years in prison. And vehicular homicide from DUI carries four-to-12 years in prison.⁸