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Colorado First-Degree Murder Statute
http://statelaws.findlaw.com/colorado-law/colorado-first-degree-murder.html
Colorado Revised Statutes Sections 18-3-102: Murder in the First Degree and 18-30-107: First Degree Murder of a Peace Officer or Fireman
Colorado prohibits murder in the first degree, which is any of the following types of killings:
Penalty
Crimes in Colorado are divided by class. Class 1 felonies are at the top, murder in the first degree is a Class 1 felony. Class 1 felonies can be punished by at a minimum, life imprisonment, and at a maximum, the death penalty.
Defenses
Some defenses to first-degree murder are common to other cases, such as innocence, self-defense, or insanity. The best strategy depends on the circumstances of the case. For example, intoxication may get rid of the state of mind needed for first degree murder, but the killing could still be second degree murder or manslaughter.
Theres a specific defense in the law for felony murder, when the defendant was charged with first degree murder for a death caused while committing or attempting a violent felony. The defendant isnt consider responsible for the death if all of the following apply:
Civil Case
The victims family can sue the defendant for wrongful death, even if he or she wasnt convicted of a homicide crime. This happened to O.J. Simpson, who wasn't convicted
of murdering his estranged wife or her friend, but lost his wrongful death lawsuit. This is possible as civil cases have a lower standard of proof of preponderance of the evidence (basically more likely than not) instead of the criminal case standard of beyond a reasonable doubt.
If you've been served legal papers for a wrongful death, its important to immediately consult with an experienced personal injury defense attorney[/TD]
http://statelaws.findlaw.com/colorado-law/colorado-first-degree-murder.html
Colorado Revised Statutes Sections 18-3-102: Murder in the First Degree and 18-30-107: First Degree Murder of a Peace Officer or Fireman
Colorado prohibits murder in the first degree, which is any of the following types of killings:
- A deliberate, intentional killing of another
- Causing a death of anyone (besides a criminal participant) while committing, attempting, or fleeing the scene of arson, robbery, burglary, kidnapping, sexual assault, sexual assault of a child, or escape from lawful custody (sometimes called felony murder)
- By causing an innocent person to be convicted and executed due to perjuryor persuading another to perjure
- Causing someones death by knowingly engaging in conduct that creates a serious risk of death, because of an attitude of malice and extreme indifference to the value of human life (sometimes called depraved heart murder)
- Causing a child under 18 to die from drug use after illegally selling or dispensing a controlled substance to him or her on school grounds (seespecial offender statute)
- Killing a child under 12 years old when the person was in a position of trust with the victim (abusing a child to death)
Penalty
Crimes in Colorado are divided by class. Class 1 felonies are at the top, murder in the first degree is a Class 1 felony. Class 1 felonies can be punished by at a minimum, life imprisonment, and at a maximum, the death penalty.
Defenses
Some defenses to first-degree murder are common to other cases, such as innocence, self-defense, or insanity. The best strategy depends on the circumstances of the case. For example, intoxication may get rid of the state of mind needed for first degree murder, but the killing could still be second degree murder or manslaughter.
Theres a specific defense in the law for felony murder, when the defendant was charged with first degree murder for a death caused while committing or attempting a violent felony. The defendant isnt consider responsible for the death if all of the following apply:
- The defendant wasnt the only participant
- Didnt commit or aid the killing
- Wasnt armed with a deadly weapon
- Had no reason to believe the other criminal was armed
- Didnt intend to cause death or serious physical injury, and
- Tried to leave the crime after realizing the other criminal(s) had weapons or intended to kill
Civil Case
The victims family can sue the defendant for wrongful death, even if he or she wasnt convicted of a homicide crime. This happened to O.J. Simpson, who wasn't convicted
of murdering his estranged wife or her friend, but lost his wrongful death lawsuit. This is possible as civil cases have a lower standard of proof of preponderance of the evidence (basically more likely than not) instead of the criminal case standard of beyond a reasonable doubt.
If you've been served legal papers for a wrongful death, its important to immediately consult with an experienced personal injury defense attorney[/TD]