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Second-Degree Murder

Unlike first-degree murder, which involves premeditation, second-degree murder occurs when someone knowingly causes the death of another person without prior intent to kill.

While second-degree murder is not a planned homicide, it is still a felony offense with severe penalties, including decades in prison. Colorado’s second-degree murder laws also allow for sentence enhancements based on aggravating factors, such as the use of a deadly weapon or prior criminal history.

Denver Lawyer for Second-Degree Murder Charges

Whether as the result of an accident or a momentary mistake, the taking of a person’s life is prosecuted and punished heavily. If you have been involved in a fight, shooting, or other incident that has lead to the death of another person, you need to contact an experienced criminal defense attorney immediately. Do not talk to the police, or go down to the station to “clear a few things up.” Whatever you say can and will be used against you. Instead, contact the Law Office of Matthew A. Martin, P.C. for legal representation. It is a myth that obtaining legal representation before speaking to the police makes you guilty – in fact, it’s the opposite.

Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

Overview of Second-Degree Murder

Second-Degree Murder
- Key Elements
- Heat of Passion
Penalties
Defenses
Frequently Asked Questions
Hire an Attorney for Second-Degree Murder Charges

Second-Degree Murder under Colorado Law

Under CRS 18-3-103, second-degree murder is defined as:

“A person commits the crime of murder in the second degree if the person knowingly causes the death of another person.”

“Acting either alone or with one or more persons, he or she commits or attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403, as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the felony crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by any participant.”

Key Elements

To secure a conviction, the prosecution must prove the following elements:

The defendant acted knowingly – The person was aware that their actions could cause death.
The killing was not premeditated – Unlike first-degree murder, second-degree murder is not planned in advance.
The victim died as a result of the defendant’s actions – The prosecution must prove a direct connection between the defendant’s actions and the victim’s death.

In addition, diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree. This type of murder is often charged in cases involving extreme recklessness or violent altercations that result in death.

Heat of Passion

Murder is considered to be conducted in the heat of passion if it was (per 18-3-103(3)(b)):

…caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person;

If the murder is conducted in the heat of passion, then the killing is treated as a third-degree felony. However, if “between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard,” the killing is considered a class 2 felony.

Exception: If the burst of passion was the result of learning a person’s sex, gender identity, race or other protected status, the act may be considered a hate crime and is not considered protected heat of passion.

Penalties for Murder in the Second Degree

Class 2 Felony (Standard second-degree murder conviction)

16 to 48 years in prison
$5,000 to $1,000,000 in fines
Mandatory parole period of 5 years

Class 3 Felony (Heat of Passion or Accessory)

4 to 12 years in prison
$4,000 to $750,000 in fines

Common Defenses

Self-Defense or Defense of Others

If the defendant killed someone while protecting themselves or another person from an immediate threat, they may argue justifiable homicide under Colorado’s self-defense laws (CRS 18-1-704).

Lack of Intent

Since second-degree murder requires knowingly causing death, the defense may argue that the killing was:

Accidental
Not intentional or reckless enough to qualify as murder

Heat of Passion (Manslaughter Defense)

If the killing occurred in the heat of passion due to provocation, the charge may be reduced to voluntary manslaughter (CRS 18-3-104), which carries a lighter sentence.

Mistaken Identity or False Accusation

A defense attorney may challenge weak evidence or unreliable witnesses, proving that the defendant did not commit the crime.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that the defendant knowingly caused death. If the evidence is circumstantial or weak, the defense can argue for dismissal or acquittal.

Affirmative Defense

The state offers an affirmative defense to those accused of murder in the second degree:

(1.5) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime; and

(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(c) Was not armed with a deadly weapon; and

(d) Did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury.

Affirmative defenses are legal defenses that are sometimes awarded to common or well-understood crimes. If the defense is able to meet every criterion of the defense, the court is obligated to rule in favor of the defense, except in rare cases.

Frequently Asked Questions

What is the difference between second-degree murder and manslaughter?

Second-degree murder involves knowingly causing death, while manslaughter (CRS 18-3-104) typically involves a reckless or heat-of-the-moment killing. Manslaughter carries lighter penalties than the alternative.

Can these charges be reduced to manslaughter?

Yes. If the defense can prove the killing occurred in a heat of passion or without the required level of intent, prosecutors may reduce the charge to voluntary manslaughter.

Is this type of murder a violent crime under Colorado law?

Yes. This means longer prison sentences and mandatory parole if convicted.

Does Colorado have the death penalty?

No. Colorado abolished the death penalty in 2020. The maximum penalty for murder in the second-degree is life in prison.

Can I claim self-defense in a murder case?

Yes, but only if the evidence shows that the killing was justified under self-defense laws—meaning the defendant reasonably believed they were in imminent danger of death or serious harm.