In Greeley, Colorado courts, you could face a Criminally Negligent Homicide charge if you fail to perceive a risk when you ought to, and another person dies. Recently in Colorado Springs, a man pled not guilty after being charged with Criminally Negligent Homicide in the death of his father. The young man apparently was shooting with his father when he was trying to prove that a gun was not ready to shoot and accidently shot his father. When Criminally Negligent Homicide is charged, it means someone has lost their life and law enforcement wants to hold someone responsible. This nearly always occurs with an accidental death. If you are being held responsible for someone’s accidental death, you need a top defense attorney to fight for you and your future. At the O’Malley Law Office, we have your best interest at heart and will fight tirelessly for you. Below, our attorneys discuss a Criminally Negligent Homicide charge and what you should know to protect yourself. If you are facing a Criminally Negligent Homicide charge in Fort Collins, Colorado, find help here.
Definition of Criminally Negligent Homicide, C.R.S. 18-3-105, in Weld County
The definition, in Weld County, of Criminally Negligent Homicide, C.R.S. 18-3-105, is:
It is important to note that a jury must determine that the unjustified risk was one that a reasonable person would have perceived in the same situation. In the above story the jury must find that the son should have understood the risk and not pulled the trigger. If they can, then he could be found guilty.
What is the Definition of Criminal Negligence in Weld County, Colorado Courts?
Colorado’s definition of Criminal Negligence is also used in determining what a Criminally Negligent Homicide looks like. C.R.S. 18-1-501 (3), states what court’s use for the definition of Criminal Negligence:
You must consider this definition along with the definition of Criminally Negligent Homicide, in order to fully understand what the Weld County District Attorney must prove against you to a jury.
In Greeley, Colorado What is the Difference Between Criminally Negligent Homicide and Manslaughter?
There is a distinct difference between Criminally Negligent Homicide charge and Manslaughter, in Greeley, however people often get them confused. As stated above, you can be convicted of Criminally Negligent Homicide if the risk that caused someone’s death was one that a reasonable person would have perceived. In Manslaughter, at class 4 felony defined at C.R.S. 18-3-104, a person is charged when someone dies because of the defendant’s reckless behavior – involving the accused “consciously disregarding a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” A Manslaughter charge carries a harsher sentence and penalties than Criminally Negligent Homicide. If you are facing a Manslaughter or Negligent Murder charge, the experienced attorneys at the O’Malley Law Office can fight for your future.
Sentence and Punishment of Criminally Negligent Homicide in Weld County
In Weld County, the sentence for Criminally Negligent Homicide is a class 5 felony, which is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. These penalties can leave you facing significant time in prison, a criminal record, and other implications to your career and future.
Defenses to Criminally Negligent Homicide in Greeley, Colorado
A good criminal defense attorney will know your case and facts, but some commonly used defenses to Criminally Negligent Homicide in Greeley are:
- The death was unforeseeable
- The death was truly an accident, without warning of a substantial risk to another
- Your actions did not cause the death of another
- You were not present when the cause of death occurred
If you or someone you love are facing a Criminally Negligent Homicide charge in Weld County or anywhere in Colorado, be smart, and exercise your right to remain silent. Remember, the Greeley Police are there to make a case against you, not to help you. So, contact the best criminal defense lawyers in Greeley from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
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