Criminally negligent homicide in Colorado occurs when a person causes another’s death by failing to perceive a substantial and unjustifiable risk that their conduct could cause death or serious injury. In Colorado, this offense is classified as a felony and carries serious penalties, including the potential for serious prison time. Here, our Montrose felony defense lawyer provides a guide to criminally negligent homicide charges in Colorado.
Colorado’s Criminally Negligent Homicide Law
Criminally negligent homicide is a serious offense. Under Colorado law (C.R.S. § 18-3-105), A person commits this offense when they cause the death of another person through an act or omission that constitutes criminal negligence. To be clear, the statute does not require intent to kill or even awareness of the risk. Instead, a defendant can be held criminally liable if he or she fails to perceive a substantial and unjustifiable risk that a death will occur as a result of their conduct.
The Definition of Criminal Negligence in Colorado
The definition of criminal negligence is key to understanding criminally negligent homicide charges. The statute in Colorado that defines criminal negligence is CRS § 18-1-501(3). Here is the key point to now:
- A person acts with criminal negligence when they fail to perceive a risk that constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
To be clear, it is an objective standard. That means that a Colorado court evaluates the defendant’s conduct against what a reasonable person should have perceived. What the defendant subjectively believed is not the relevant factor in determining whether there was criminal negligence.
Serious Felony Offense in Colorado
Criminally negligent homicide is classified as a class 5 felony under Colorado law. Felony classification carries mandatory collateral consequences and potential incarceration in the Department of Corrections. Sentencing is governed by CRS § 18-1.3-401. It is that statute that establishes presumptive sentencing ranges for felony offenses.
For a class 5 felony, the presumptive prison range includes incarceration, mandatory parole, and the possibility of considerable fines. Courts may impose a sentence within the presumptive range unless aggravating or mitigating factors justify departure. Prior felony convictions, victim vulnerability, or violation of a position of trust can all be relevant factors.
Key Point: A conviction for criminally negligent homicide carries jail time in Colorado. How much jail time a person will face for a conviction will vary based on case-specific factors. Judges retain discretion in sentencing but must comply with statutory constraints. Probation remains legally available in some cases, but courts frequently impose jail time.
Criminally Negligent Homicide in Colorado Through Hypothetical Examples
Example #1 (Criminally Negligent Homicide)
Imagine that a construction supervisor in Montrose knowingly and unlawfully disables a required safety guard on industrial equipment to speed up workflow. The supervisor does not intend harm and does not subjectively consider the risk. An employee later becomes caught in the unguarded machinery and dies. Evidence shows that industry standards and basic safety training require guards precisely to prevent this type of fatal injury. That type of misconduct could support criminally negligent homicide. The supervisor failed to perceive a substantial and unjustifiable risk that was obvious to a reasonable person in the same position. The deviation from the standard of care qualifies as gross rather than ordinary negligence.
Example #2 (Criminally Negligent Homicide)
As another example, imagine that a gun owner stores a loaded firearm unsecured in a home with children present. The owner does not believe an incident will occur and takes no steps to secure the weapon. In effect, a loaded gun is left in plain sight of a young child. Sadly, a child gains access to the firearm and fatally shoots another child. The investigation establishes that safe storage practices were well known and easily available. This scenario also fits criminally negligent homicide. The defendant failed to perceive a substantial and unjustifiable risk created by unsecured access to a loaded firearm. The risk of death was foreseeable to a reasonable person. The lack of intent does not matter for this specific statute.
Example #3 (A More Serious Homicide Offense)
In some cases, a person may face a more serious homicide offense instead of criminally negligent homicide. For example, imagine that a driver consumes alcohol, recognizes impairment, and chooses to drive anyway. Witnesses observe erratic driving before the vehicle strikes and kills a pedestrian. Toxicology confirms intoxication above the legal limit. Although extremely negligent, that conduct does not constitute criminally negligent homicide in Colorado. The driver consciously disregarded a known and substantial risk. That mental state satisfies recklessness rather than negligence. Prosecutors would likely charge vehicular homicide under CRS § 18-3-106 or even manslaughter under CRS § 18-3-104.
Example #4 (Non-Criminal Negligence)
Finally, there are also examples in which negligence could contribute to a fatal accident without imposing any criminal liability on the defendant. Not all negligence is criminal negligence in Colorado. Imagine that a homeowner in Montrose fails to repair a loose stair tread despite minor creaking. A visitor later trips, falls, and suffers fatal injuries due to an unrelated medical condition triggered by the fall. The evidence shows no prior incidents, no obvious structural defect, and no industry or safety code violations requiring immediate repair. The homeowner could potentially face a civil claim, but they are not criminally negligent in this scenario.
How Our Negligent Homicide Defense Lawyer Can Help
Homicide charges are extremely serious. While criminally negligent homicide is not a murder charge, it still involves allegations of criminal conduct contributing to a death and it is still a felony. At The Martin Law Firm, we are a strong, experienced criminal defense firm that puts your rights, freedom, and future first. You can hear what our clients have to say and contact us directly with any questions or concerns about your case. Your initial consultation with our Montrose criminally negligent homicide lawyer is fully confidential and without further obligations.
Contact Brent Martin Today
At The Martin Law Firm, our Montrose felony defense attorney has the knowledge and experience to defend criminally negligent homicide charges. If you or your loved one is facing a criminally negligent homicide charge, we can help. Contact us today to arrange a completely confidential, no obligation consultation. From our Montrose office, we defend felony charges all across the surrounding region in Colorado.