Second-Degree Murder
Second-degree murder in Colorado is defined under C.R.S. 18-3-103 as the unlawful killing of another person knowingly, but without premeditation or deliberation. This distinguishes it from first-degree murder, which requires an element of intent and planning.
A person commits second-degree murder when they are aware that their actions are practically certain to cause death, yet they proceed anyway. Second-degree murder does not require a sudden heat of passion caused by provocation, but so-called “passion killings” are encompassed within C.R.S. 18-3-103 (Second-degree murder).
Denver Lawyer for Second-Degree Murder Charges
If you someone you know has been charged with second-degree murder, do not speak to the police without representation. Even if they just want to “clear a few things up,” many innocent end up accidentally incriminate themselves in the eyes of the police while trying to answer their questions.
Instead, contact the experienced violent crime attorney Matthew Martin. 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.
Overview of Second-Degree Murder
- First-Degree vs Second-Degree Murder
- Penalties for Second-Degree Murder
- Defenses Against Second-Degree Murder
- Frequently Asked Questions
- Hire an Attorney for Second-Degree Murder in Denver, CO
Difference Between First-Degree and Second-Degree Murder
The primary difference between first-degree and second-degree murder lies in intent, premeditation, and deliberation.
- First-Degree Murder (C.R.S. 18-3-102) occurs when someone intentionally kills another person after deliberation and with premeditation. This means they planned the killing beforehand, even if briefly, and carried it out with intent.
- Second-Degree Murder (C.R.S. 18-3-103) involves a knowing act that results in death but without premeditation. The person understands their actions will likely cause death but does not plan the killing in advance.
Examples
- First-Degree Murder: A gang member tracks down a rival over several days and ambushes them with the intent to kill.
- Second-Degree: A bar fight escalates, and one individual repeatedly punches another in the head, knowing that such force could cause death, but without having planned to kill the victim beforehand.
Penalties for Second-Degree Murder in Colorado
Second-degree murder is a Class 2 felony in most cases. However, if the act results from sudden heat of passion following a serious provocation, it is charged as a Class 3 felony with reduced penalties.
The penalties for a murder conviction in the second degree include:
- Class 2 Felony: 16 to 48 years in prison, followed by five years of mandatory parole, and fines ranging from $5,000 to $1,000,000.
- Class 3 Felony (Heat of Passion): 10 to 32 years in prison, followed by five years of mandatory parole, and fines between $3,000 and $750,000.
Additionally, second-degree murder is classified as a Crime of Violence under Colorado law, meaning the defendant must serve at least the minimum prison sentence without eligibility for early release.
Defenses Against Second-Degree Murder Charges
There are a number of common defenses used in cases involving murder in the second degree:
- Self-Defense or Defense of Others: If the accused reasonably believed that they or someone else was in imminent danger of death or serious bodily harm, they may argue self-defense.
- Accidental Killing: If the killing was unintentional and occurred without the necessary mental state (knowledge), it may not qualify as second-degree murder.
- Mistaken Identity or Lack of Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. Insufficient or unreliable evidence may lead to dismissal.
- Heat of Passion (Charge Reduction): If the defendant acted in response to extreme provocation, the charge may be reduced to a Class 3 felony, leading to lesser penalties.
Frequently Asked Questions
How does second- and first- degree murder differ?
First-degree murder requires intent and premeditation, while second-degree murder involves a knowing act without planning.
Can murder charges be reduced?
Yes. If the act occurred in the heat of passion after serious provocation, the charge may be reduced to a Class 3 felony.
Can I claim self-defense in a second-degree murder case?
Yes, if you can demonstrate that you acted to protect yourself or another person from imminent harm.
What is the statute of limitations for second-degree murder in Colorado?
There is no statute of limitations for second-degree murder. Prosecutors can file charges at any time.
Hire an Attorney for Second-Degree Murder Charges
Don’t wait to be arrested. If you have been involved in the death of another person, or are currently under investigation for the death of another person, speak with a licensed attorney today.
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.