Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Call Us NowUnder Colorado law, manslaughter is a form of homicide that is less serious than murder. You commit manslaughter when:
Under section 18-3-104 CRS, punishment for manslaughter can be anywhere from
Fortunately, there are several defenses to Colorado manslaughter charges. These include showing that:
To help you better understand the law, our Colorado criminal defense lawyers will discuss the following:
Section 18-3-104 (1) of the Colorado Revised Statutes (C.R.S.) provides:
A person commits the crime of manslaughter if he or she:
You cause a death recklessly when you act in a manner that involves substantial and unjustifiable risk of death and although you are conscious of the risk, you nevertheless choose to engage in the action.1
To be guilty of reckless manslaughter, it is not necessary that you specifically intend to cause someone’s death. Rather, it requires that you knowingly engage in conduct that creates a substantial and unjustifiable risk of causing death.2
In Colorado, second-degree murder (CRS 18-3-103), manslaughter and criminally negligent homicide (CRS 18-3-105) are distinguished by:
In second-degree murder, the killing is intentional but not premeditated, and you know that death is practically certain as a result of your conduct.
For manslaughter, you are aware that there is a substantial and unjustifiable risk of death, but you nevertheless choose to engage in the risky conduct anyway. (Unlike many states, Colorado does not have separate “voluntary manslaughter” and “involuntary manslaughter” crimes. What many states define as voluntary manslaughter is second-degree murder in Colorado.)
If, on the other hand, through a gross deviation from the standard of reasonable care, you simply fail to perceive a substantial and unjustifiable risk of death and someone is killed as a result, you have committed criminally negligent homicide.
Finally, vehicular homicide (CRS 18-3-106) is causing a death through either reckless driving of a motor vehicle or driving under the influence of alcohol or drugs (DUI). Drunk driving is a strict liability crime, which means that the state does not have to prove criminal intent.
Under Colorado law, a defendant is presumed to be DUI if they have a blood alcohol concentration (BAC) of 0.08% or higher. A person is presumed not to be under the influence if the BAC is below 0.05%. It is usually not a defense that the defendant was under the influence of prescription drugs because a reasonable person should have known that they could cause impairment while driving.
Colorado used to classify “heat of passion” killings as a form of manslaughter. The stereotypical sudden heat of passion killing is one that results when you come home from work early and find your spouse in bed with someone else. It is a killing that is not premeditated but rather one that arises when you are substantially provoked by something that would arouse passion in a reasonable person.
Colorado now recognizes the heat of passion killing as a form of second-degree murder. However, whereas most second-degree murder is a class 2 felony, murder under the heat of passion is punished as a less serious class 3 felony.
Colorado also considers it manslaughter when:
“Aiding” suicide means you provide the means to commit suicide. If you actively perform an act that results in death, it is considered murder.3
You do not aid a suicide by withholding care or providing medication in accordance with:
You are also not guilty of manslaughter if you are a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.5 However, this exception does not permit a medical caregiver to assist in a patient’s suicide.
For purposes of Colorado’s manslaughter statute:
Under Colorado 18-3-104 C.R.S., manslaughter is a class 4 felony and can be punished by:
Manslaughter is punished the same as:
Manslaughter is one level less serious than the heat of passion second-degree murder or vehicular homicide by DUI, which are class 3 felonies carrying 4 to 12 years in prison and $3,000 to $750,000 in fines.
And manslaughter is one rung more serious than criminally negligent homicide of a non-disabled victim. This is typically a class 5 felony carrying 1 to 3 years in prison and $1,000 to $100,000 in fines.
Five potential defenses include:
If the killing was accidental and not the result of ignoring a substantial and unjustifiable risk of death, you are not guilty of manslaughter.
Accidental killings include (but are not limited to) hunting accidents, auto accidents by sober drivers, and deaths due to unknown hazardous conditions in the home that do not result from deviations from a reasonable standard of care.
In Colorado, you may legally use deadly physical force to defend yourself or someone else if:
Force is not legally justified, however, if:
Under Colorado law, you are considered insane when as a result of a mental disease or defect:
You cannot use the insanity defense, however, if your diminished capacity resulted solely from voluntary intoxication.
It is very difficult to meet the legal standard for insanity, which is not the same as the medical standard for mental illness. Simply suffering from a serious mental illness such as schizophrenia or bipolar disorder is not enough. You are only considered insane as a matter of law if, at the time of the killing, you satisfied one of the specific conditions set forth above.
A successful diminished capacity defense, therefore, requires a great deal of legwork as well as the testimony of medical experts to explain that you had no awareness of your actions at the time of a killing, or were unable to understand the consequences.
If you are claiming you are not guilty by reason of insanity, it is important to retain a Colorado criminal defense lawyer who has experience with mental health issues and is not afraid of the science.
Manslaughter cases frequently turn on eyewitness testimony. And yet even honest and well-meaning witnesses can make errors due to multiple factors, including:
As a result of these and other factors, many researchers consider eyewitness testimony inherently unreliable.10 However, many people do not know this and eyewitness testimony from someone who appears confident and credible can create real problems for defendants.
Our experienced Colorado criminal defense attorneys have some proven techniques to counter unfavorable eyewitness testimony. These include (without limitation):
Police and prosecutors are subject to stringent rules and procedures in investigating and prosecuting crimes.
If the police or the prosecutor messes up, we can move to exclude evidence obtained as a result. Ways the police can violate your rights include (but are not limited to):
Colorado Legal Defense Group
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Denver, CO 80211
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Arrested in Nevada? See our articles on Nevada voluntary manslaughter laws and Nevada involuntary manslaughter laws.