Capital murder designates a specific type of homicide that may be punishable by the death penalty. But, it no longer exists in the state of Colorado. This change in the legal landscape is a significant development, and individuals facing such charges would typically seek the counsel of a criminal lawyer.
Capital murder is a homicide that may be punishable by death. In 2020, Colorado formally discontinued the enforcement of capital punishment, thereby conclusively terminating its legal validity. This change in the law has important implications for those involved in the criminal justice system, and it's advisable to consult with a knowledgeable criminal lawyer to navigate these complexities effectively.
What Crimes Were Punishable by the Death Penalty in Colorado Before it Was Repealed?
From 1974 to July 1, 2020, before the death penalty was discontinued, capital offense charges were limited to the following class 1 felonies:
- Murder in the first degree – CRS 18-3-102
- First-degree murder of a peace officer or fireman – CRS 18-3-107(1)
- First Degree Kidnapping – CRS 18-3-301(1)
- Child abuse causing death of a child under 12 – CRS 18-6-401(7)(c)
- Assault during escape – CRS 18-8-206(1)(a)
- Treason – CRS 18-11-101
From July 1, 2020, life in prison is now the only possible sentence for class 1 felonies in Colorado. It’s important to note that there is also no mandatory parole for class 1 felonies in Colorado.
In the state of Colorado, distinct laws govern the offense of murder, outlining the varying degrees of culpability.
Let’s explore the specifics of the criminal classifications of murder in Colorado’s legal system. We’ll define and compare capital murder vs first degree murder, and discuss the associated penalties for each category of murder charge in the state.
What Are the Laws Involving Murder in Colorado?
Within the legal framework in Colorado, not all murders are treated equally; they vary in severity and subsequent punishment. In Colorado, homicide crimes are categorized into five main types, each varying in severity:
- First-Degree Murder (18-3-102 C.R.S.)
- Involves premeditated or intentional killings.
- Second-Degree Murder (18-3-103 C.R.S.)
- Encompasses unintended deaths resulting from extremely dangerous conduct or felony murder.
- Vehicular Homicide (18-3-106 C.R.S.)
- Pertains to fatal car accidents caused by DUI or reckless driving.
- Manslaughter (18-3-104 C.R.S.)
- Involves unintentional deaths caused by reckless behavior.
- Criminally Negligent Homicide (18-3-105 C.R.S.)
- Encompasses unintentional deaths caused by careless behavior.
These categories range from the most serious, such as first-degree murder involving premeditation, to the least serious, such as criminally negligent homicide involving careless behavior. Understanding these distinctions is crucial in legal contexts and helps differentiate the varying degrees of culpability in homicide cases.
First-Degree Murder in Colorado
According to the Colorado criminal code, specifically, Section 18-3-102 (1) C.R.S., the crime of murder in the first degree is committed if:
- After careful consideration and with the intention of causing harm, an individual brings about the demise of that person or another; or has been repealed;
- Through the act of perjury or the inducement of perjury, an individual orchestrates the wrongful conviction and subsequent execution of an innocent individual;
- In situations reflecting a pervasive malice, demonstrating an extreme disregard for the value of human life, an individual knowingly engages in behavior that poses a serious risk of death to others, resulting in the demise of another individual;
- Through the unlawful distribution, dispensation, or sale of a controlled substance to an individual below the age of eighteen on school premises, as outlined in section 18-18-407(2), and the death of said individual is a consequence of the substance use;
- The individual, in a position of trust concerning the victim, knowingly causes the death of a child who has not yet reached twelve years of age.
The penalty for murder in the first degree in the state of Colorado is life in prison.
Second-Degree Murder in Colorado
In Colorado, if someone intentionally causes another person's death, they can be charged with second-degree murder. This charge also includes a situation called felony murder, which happens when someone is killed during the commission of certain serious crimes.
Second-degree murder is a class 2 felony in Colorado, individuals convicted can face a sentence of up to 48 years in prison, along with fines reaching up to $1,000,000.00.
What sets second-degree murder apart from the lesser manslaughter charge, is the element of "knowingly." Unlike manslaughter, which only requires reckless actions, second-degree murder involves knowingly causing another person's death.
To put it simply, the individual commuting the murder knew what they were doing and had intent.
Vehicular Homicide in Colorado
In Colorado, according to state law (Colorado Revised Statute § 18-3-106 CRS), vehicular homicide occurs when someone causes a deadly accident while driving a car recklessly or while under the influence of alcohol or drugs.
Vehicular homicide is classified as a class 4 felony in Colorado, which means that if convicted, the offender may face a prison sentence ranging from 2 to 6 years. Additionally, they may be required to pay a fine ranging from $2,000 to $500,000.
Driving under the influence (DUI) and causing a fatal accident is an even more severe offense, a class 3 felony. Those convicted of DUI-related vehicular homicide may face a more extended prison sentence of 4 to 12 years. In terms of fines, the range is also higher, with offenders potentially having to pay between $3,000 and $750,000.
For someone to be found responsible for vehicular homicide, the prosecutor needs to demonstrate two key elements:
- Reckless Driving or Driving Under the Influence (DUI): The person either operated the vehicle in a careless and dangerous manner or drove while influenced by alcohol and/or drugs.
- Cause of Another Person's Death: The driving actions directly led to the death of another person.
So, in simpler terms, if it's proven that someone drove irresponsibly or under the influence and caused someone's death, they can be held accountable for vehicular homicide in Colorado.
Manslaughter in Colorado
In Colorado, manslaughter is considered a less severe type of homicide compared to murder. There are two ways in which manslaughter can occur:
- Recklessly causing the death of another person.
- Intentionally causing or assisting another person in committing suicide.
In Colorado, manslaughter is a class 4 felony (18-3-104 C.R.S.). If convicted, the consequences range from 2 to 6 years in prison and fines from $2,000 to $500,000.
Criminally Negligent Homicide in Colorado
According to Section 18-3-105 of the Colorado criminal code, if someone causes the death of another person by being really careless and breaking the law, they have committed criminally negligent homicide.
Criminally negligent homicide in Colorado is classified as a class 5 felony, with
sentencing ranging from up to three years in prison, and fines up to $100,000.
Murder Charges in Colorado
The act of taking another person's life is widely acknowledged as one of the most severe offenses in Colorado or anywhere else in the United States. When facing such a grave situation, it is crucial to seek the guidance of an experienced attorney who can provide the necessary legal support and representation.
On February 26, 2020, the Colorado Legislature voted 38-27 to pass SB20.100, which effectively repealed capital punishment for murder in Colorado. The bill became law on March 23, 2020 when Governor Jared Polis signed it into law. This significant change in the legal landscape required the expertise of experienced attorneys to navigate.
Prior to the landmark decision that went into effect on July 1, 2020, Colorado had sanctioned the death penalty going back to 1974. The evolving legal landscape underscores the importance of having an experienced attorney by your side to guide you through complex legal matters, especially those related to capital punishment and homicide cases.
