In Colorado, causing another person’s death through gross negligence is considered criminally negligent homicide. Criminal charges arise when an individual’s failure to perceive and avoid a substantial and unjustifiable risk results in fatality. Unlike intentional homicides, this offense does not require a deliberate intent to kill. Instead, it focuses on conduct that deviates grossly from the standard of care expected of a reasonable person, thereby creating a dangerous situation that could—and did—result in death.
Denver Lawyer for Criminally Negligent Homicide Cases
At Law Office of Matthew A. Martin, P.C., our experienced Denver criminal defense attorney has successfully represented clients facing criminally negligent homicide charges. We understand that tragic events and unforeseen circumstances can lead to devastating allegations, leaving you overwhelmed and uncertain about your future. Whether you contend that your actions were a mere accident or that unforeseeable intervening factors were at play, our team is dedicated to protecting your rights and crafting a strong defense.
Your future is too important to risk—don’t face these serious charges alone. Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.
Table of Contents
- Overview of Criminally Negligent Homicide
- Penalties
- Defenses
- Frequently Asked Questions
- Hire an Attorney for Criminally Negligent Homicide
Overview Criminally Negligent Homicide under Colorado Law
Under CRS § 18-3-105, criminally negligent homicide is defined as follows:
“Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide.”
Key Elements:
- Criminal Negligence: The defendant must have failed to perceive a substantial and unjustifiable risk that their actions would result in death. This is more than mere carelessness—it is a gross deviation from what a reasonable person would do under the same circumstances.
- Causation: The negligent behavior must be directly linked to the death of the victim.
- Resulting in Death: Unlike other offenses that require intent to kill, this charge is based solely on the negligent conduct that caused the fatality.
This statute is designed to hold individuals accountable when their reckless disregard for safety leads to tragedy—even if there was no explicit intent to kill.
Penalties for Criminally Negligent Homicide
Criminally negligent homicide is classified as a class 5 felony in Colorado. Convictions under this statute can carry serious consequences, including:
- Imprisonment: A conviction may result in a prison sentence that can extend over several years, with the exact term determined by the circumstances of the case and the defendant’s criminal history.
- Fines: Significant monetary fines can be imposed in addition to jail time.
- Restitution: Courts may order the defendant to pay restitution to the victim’s family for financial losses resulting from the death.
Because a conviction creates a permanent criminal record, the repercussions can extend far beyond the courtroom—affecting employment, housing, and personal reputation.
Defenses Against Criminally Negligent Homicide Charges
Common defenses to criminally negligent homicide include:
- Lack of Gross Negligence – The defense may assert that the defendant’s actions, while perhaps negligent, did not constitute a gross deviation from the standard of care. Evidence might show that the incident was an unfortunate accident rather than a reckless disregard for life.
- Absence of a Substantial Risk – The prosecution must prove that the risk of death was substantial and that it was obvious to a reasonable person. Demonstrating that the danger was either minimal or unforeseeable can be a key defense.
- Intervening Causes – If an unforeseeable event or the actions of a third party contributed to the fatality, this may break the chain of causation, reducing or negating the defendant’s liability.
- Challenging the Evidence – Questioning the reliability or interpretation of the evidence presented by the prosecution can also be an effective defense strategy. This might include expert testimony that contradicts the claim of gross negligence.
Frequently Asked Questions (FAQ)
What is criminally negligent homicide?
It is a charge brought against a person whose grossly negligent actions—i.e., a failure to perceive a substantial and unjustifiable risk—result in the death of another. It does not require an intent to kill, only that the conduct was significantly below the standard expected of a reasonable person.
How does criminal negligence differ from ordinary negligence?
Ordinary negligence might involve a momentary lapse in judgment, whereas criminal negligence involves a gross deviation from reasonable conduct, reflecting a blatant disregard for human life and safety.
What are the potential penalties for a conviction?
As a class 5 felony, criminally negligent homicide in Colorado can result in several years of imprisonment, substantial fines, and the imposition of restitution orders. The severity depends on the circumstances and any prior criminal record.
Can I defend myself against these charges?
Yes, by challenging whether your conduct truly meets the high standard of gross negligence required for a criminal conviction, demonstrating intervening causes, or arguing that the risk was not substantial or foreseeable.
Hire an Attorney for Criminally Negligent Homicide in Denver, CO
At Law Office of Matthew A. Martin, P.C., our dedicated Denver criminal defense attorney is committed to fighting these charges and safeguarding your rights. We understand the complexity and emotional weight of such cases and are prepared to mount a vigorous defense on your behalf.
Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams, Arapahoe, Douglas, Broomfield, and Boulder counties. Protect your future with a strong, experienced legal defense.