Colorado Springs Violent Crime Lawyers

What Are Offenses Against the People in Colorado Springs?

Violent crimes in Colorado are classified under a category known as Offenses Against People. These crimes are considered more serious due to the physical, emotional, and psychological harm they inflict on victims. The most severe of these offenses include murder, manslaughter, assault, menacing, and kidnapping. Each type of crime has its legal definitions, elements, and required proof for prosecution.

When an offense is designated as a crime of violence in Colorado, the sentencing implications are severe and far-reaching. The law mandates enhanced sentencing guidelines that typically result in longer prison terms and stricter parole conditions.

Defendants who are convicted of a crime of violence are often subject to mandatory minimum sentences, which means judges have limited discretion to impose lighter penalties. These sentences may be served consecutively rather than concurrently, further extending the time spent in prison. The designation also impacts parole eligibility, often delaying the point at which a defendant can apply for early release.

Defining Murder and Homicide Charges

In Colorado, first-degree murder includes deliberate, intentional killing as well as killings that result from risky behavior that exhibits extreme indifference to human life. The penalty for first-degree murder in Colorado is life imprisonment. A defendant cannot legally be granted parole if they are convicted of first-degree murder of a firefighter, peace officer, or emergency medical services provider who was engaged in the performance of their duties.

The following circumstances may lead to a conviction for first-degree murder:

• The deliberate, intentional killing of another
• Causing the death of anyone while committing, attempting, or fleeing the scene of arson, robbery, burglary, kidnapping, sexual assault, assault of a child, or escaping from lawful custody
• Perjury or the subornation of perjury that causes someone to be convicted of and executed for first-degree murder
• Supplying a controlled substance that results in a child’s death
• Knowingly causing the death of a child under 12 position of trust

Second-degree murder in Colorado is defined as knowingly causing the death of another person. Knowingly means the defendant is aware that their conduct is practically certain to cause death. A defendant may be found guilty of second-degree murder even if they don’t have specific intent to commit murder. This may include killing someone in the perpetration of a crime such as burglary, kidnapping, robbery, arson, sexual assault, or while escaping from legal custody. Convictions of second-degree murder carry a prison sentence of 16 to 48 years.

In Colorado, manslaughter is defined as recklessly causing the death of another person or aiding another person to commit suicide. Manslaughter carries a prison sentence of up to 6 years.

Understanding Assault, Menacing, and Kidnapping

First-degree assault involves causing serious bodily injury with intent, often using a deadly weapon. This is considered the most severe form and can result in lengthy prison sentences and substantial fines.

Second-degree assault typically involves causing bodily injury with intent but without the severity or specific aggravating factors of first-degree assault. This can include injuring someone during the commission of another crime, such as a robbery. Third-degree assault involves causing bodily harm through reckless or negligent actions. This might include minor physical altercations that result in pain or injury.

Menacing in Colorado involves the act of intentionally placing another person in fear of imminent serious bodily injury. This can be done through physical actions, verbal threats, or even gestures that suggest the intent to inflict harm. Menacing charges may be classified as either misdemeanors or felonies, depending on the circumstances. For example, if a deadly weapon is used or displayed during the act of menacing, the charge is elevated to a felony, which carries up to three years in prison.

Kidnapping in Colorado is an extremely serious offense involving the unlawful seizure and transportation of a person against their will. First-degree kidnapping and second-degree kidnapping both involve moving or confining a person without their consent. When a ransom is sought, the act falls under the category of first-degree kidnapping. Both first-degree and second-degree kidnappings carry severe penalties, particularly when they involve specific aggravating factors such as violence or the threat of force. Penalties may include prison sentences of up to 48 years or life.

Legal Defenses in Colorado Springs for Violent Crimes

Self-defense is a legally recognized defense in Colorado for those accused of a crime of violence. To successfully claim self-defense, the defendant must demonstrate that they had a reasonable belief that they were in imminent danger of bodily harm and that the use of force was necessary to prevent this harm. The force used must be proportionate to the threat faced, and excessive force may invalidate the claim. The defendant must not have been the aggressor in the situation, and there must have been no viable opportunity to retreat or avoid the confrontation. Colorado law also recognizes the castle doctrine, which allows individuals to use force to protect themselves in their homes without a duty to retreat.

The defense of others is another valid legal defense in Colorado for individuals facing violent crime charges. This defense allows a defendant to argue that their actions were justified because they were protecting another person from imminent harm. Similar to self-defense, the defendant must show that they had a reasonable belief that the third party was in immediate danger of bodily harm and that the force used was necessary and proportionate to the threat. The individual being defended must also be in a situation where they have no viable means of escape or retreat.

The insanity defense in Colorado is a complex legal strategy requiring proof that the defendant was legally insane at the time of the crime. To successfully argue an insanity defense, the defendant must demonstrate that they were suffering from a severe mental disease or defect that prevented them from understanding the nature and wrongfulness of their actions.

Colorado law mandates a thorough psychological evaluation by court-appointed experts to substantiate the claim. If the insanity defense is accepted, the defendant may be committed to a mental health facility for treatment instead of serving a traditional prison sentence.

Call Our Colorado Springs Criminal Defense Lawyers Today

If you have been charged with any violent crime, it’s essential to speak with an experienced criminal defense attorney immediately. The Bussey Law Firm, P.C., can provide robust legal representation throughout the entire process from the moment you become aware that charges may be filed against you.

Please call (719) 475-2555 to schedule a FREE case evaluation today with one of our violent crime defense attorneys in Colorado Springs.