Have you been accused of Criminally Negligent Homicide in Weld County? A Homicide defense lawyer can protect you from your serious criminal charges. Recently in Durango, Colorado, an avid hunter was charged after he shot a fellow hunter in the hunting party. The hunting party was split up trying to find an elk that had been injured. During the search, the hunters were in constant radio communication. The hunter who was charged says he did not see his friend, nor was his friend wearing his bright orange safety vest. Criminally Negligent Homicide is a serious criminal charge, and you need a lawyer who understands how accidents happen. Police search for someone to blame when another dies or is injured.
Definition of Criminally Negligent Homicide – C.R.S. 18-3-105 – in Greeley, Colorado
The Colorado definition of Criminally Negligent Homicide – C.R.S. 18-3-105 – is:
In the hunter’s case, if a jury found that he acted without reasonable care for the deceased hunter, he could be convicted of Criminal Negligent Homicide. This standard is more fully defined below, with the definition of Criminal Negligence.
What is the Definition of Criminal Negligence in Weld County courts?
In Weld County and Colorado Courts, Criminal Negligence is defined as:
the failure to perceive, through a gross deviation from the standard of reasonable care, a substantial and unjustifiable risk that death will result from your conduct.
Simply put, if someone dies because you did not recognize or perceive a risk, and took that unjustifiable risk, then you could be charged. Note that a risk can be justifiable, and then it would not be criminal. The same conduct can be justifiable and unjustifiable, depending on your circumstances. He’s an example, though not perfect. In a quick decision, a hunter shoots at a mountain lion to save a nearby child’s life, but hits a second child who is killed. Many would consider the risk acceptable, or justifiable, in an effort to save the first child (with no time to search for and spot the 2nd child). In the hunter’s case, he shot at an elk even though an elk looks nothing like the man – and there is no evidence that a real elk was close by. Many would find the failure to consider the surrounding circumstances unjustifiable. It is up to the jury to decide if any particular risk is an unjustifiable risk, or justifiable risk.
Sentence and Penalties for Criminal Negligence Homicide in Greeley, Colorado
In Greeley, Colorado, a conviction for Criminally Negligent Homicide will include possible penalties of 1-3 years in the Colorado Department of Corrections, lengthy probation, a potential fine of $1,000-$100,000, and 2 years mandatory parole. A sentence is up to the judge overseeing the case.
What are Defenses to Criminally Negligent Homicide in Weld County?
Developing your criminal defense in Weld County courts is essential. This will increase the burden of proof for the DA-prosecution, making it harder to convict you. Some defenses of Criminally Negligent Homicide are:
- There was not a foreseeable risk in your conduct
- The death was truly accidental
- Your actions did not cause the death of another (theirs did)
- Your actions were taken within a reasonable standard of care
The O’Malley Law Office understands the police need to blame someone when there is a death, even if the death was an accident. Make sure that you have a lawyer who understands the law, can communicate it to a jury, and is fighting for your future.
If you or someone you love has been charged with Criminally Negligent Homicide, be smart, and exercise your right to remain silent. Never forget that the Greeley Police Department officers are not there to help you or learn the truth. They are paid to gather evidence to ensure your conviction. Contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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