Manslaughter in Colorado
The attorneys at Rights & Liberties Law Firm are experienced manslaughter attorneys in Colorado.
Manslaughter is defined in Manslaughter Statute C.R.S. 18-3-104 which defines the offense as follows:
C.R.S. 18-3-104, Colorado’s Manslaughter Statute
In Colorado, a person commits the crime of manslaughter if:
(1) Such person recklessly causes the death of another person; or
(2) Such person intentionally causes or aids another person to commit suicide.
Possible Penalties for Manslaughter in Colorado
Offense
Class 4 Felony
Possible Penalties
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
What Are the Elements of Manslaughter in Colorado?
(1) Recklessly causing the death of another person.
(2) Intentionally causing or aiding another person to commit suicide.
Defenses to Manslaughter in Colorado
General Denial
The defense may argue that the prosecution has failed to prove beyond a reasonable doubt that the defendant committed the crime. This involves challenging the credibility of the evidence and witnesses presented by the prosecution.
Lack of Mens Rea
Manslaughter requires proof that the defendant acted recklessly. The defense can argue that the defendant did not possess the necessary mens rea (mental state) of recklessness to commit manslaughter.
Self-Defense
The defendant may claim that they acted in self-defense, believing that their life was in imminent danger. To succeed, the defense must show that the use of force was necessary and proportionate to the threat faced.
Defense of Others
Similar to self-defense, this defense argues that the defendant acted to protect another person from imminent harm. The force used must be reasonable and necessary under the circumstances.
Mistaken Identity
The defense may argue that the defendant was wrongly identified as the perpetrator. This can involve presenting evidence such as alibi witnesses, surveillance footage, or forensic evidence that points to someone else.
Alternate Suspect
The defense can suggest that another person committed the crime. This involves presenting evidence that implicates an alternate suspect, thereby creating reasonable doubt about the defendant’s guilt.
Alibi
An alibi defense involves proving that the defendant was somewhere else at the time the crime was committed. This can be supported by witness testimony, receipts, video footage, or other evidence showing the defendant’s whereabouts.
Insanity
The insanity defense argues that the defendant was legally insane at the time of the crime and therefore lacked the capacity to understand the nature of their actions or distinguish right from wrong. This defense requires substantial medical and psychological evidence.
Coercion or Duress
The defense may argue that the defendant was forced to commit the crime under threat of imminent harm to themselves or others. This defense requires evidence that the threat was immediate and that the defendant had no reasonable opportunity to escape.
Accident
The defense can claim that the killing was accidental and not the result of intentional or reckless behavior. This can involve demonstrating that the death occurred due to unforeseen circumstances or a lack of criminal intent.
Statute of Limitations for Manslaughter in Colorado
- Felony manslaughter charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Manslaughter Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with manslaughter contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
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