Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Murder » What are "premeditation and deliberation" in Colorado murder cases?
Prior to 1974, Colorado’s definition of first-degree murder under 18-3-102 C.R.S. included the language that the alleged murderer acted “with premeditated intent to cause death…” Now the language is that the alleged murderer acted “after deliberation and with intent to cause death…” Essentially, they mean the same thing: That first-degree murder in Colorado requires the killer to have thought about killing the victim before actually carrying out the fatal act.
Note that this act of thinking about killing someone can be for a very short period of time, even just a second. But this moment of deliberation and premeditation separates first-degree murder from second degree murder in Colorado, which is killing without premeditation or deliberation. Instead, second degree murder includes intentional and extremely reckless acts which result in an unintended death.
Example: Roger is trying to get a photograph of himself carrying a barbell to post on Instagram. He wants to show the view from his balcony, so he poses at the extreme edge of the railing. While trying to position the selfie stick with one hand, Roger holds the barbell with the other hand and accidentally drops it from his balcony. It lands on a pedestrian below, killing him. Roger did not intend for anyone to die. But Roger should have known that holding a barbell over a balcony with just one hand is dangerous and would probably result in someone dying. Therefore, Harry would face charges of second-degree murder because he had no premeditation and deliberation of killing anyone.
Now, let us change the facts.
Example: Roger wants to kill Harry. Roger waits until he sees Harry walking underneath his balcony and drops a barbell on him, killing him. In this situation, Harry would face first-degree murder charges because his actions were done with the intention of killing Harry.
Premeditated and deliberate killing is not the only kind of first-degree murder in Colorado. There are four other types that qualify as murder in the first-degree.
First-degree murder carries harsher punishments than second-degree murder precisely because first-degree murder was done with premeditation and deliberation. The penalty for first-degree murder is life imprisonment, except that felony murder carries 16 – 48 years in prison. Meanwhile, second degree murder carries:
It is not always clear whether a suspect acted with premeditation and deliberation. Therefore, courts look to such as evidence as the suspect’s conduct and words, expert testimony, witnesses, and evidence from the crime scene.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
Accessory to murder is a criminal offense whereby the perpetrator helps or assists a murderer before or after the commission of the murder. Normally, the person helping in the murder is not present at the commission of the crime. In most jurisdictions, the crime is a felony offense (as opposed to a misdemeanor) that can ...
Sin City had its deadliest year in decades. In 2017, the Las Vegas Metropolitan Police Department investigated 229 homicides. Even excluding the 58 Vegas Massacre murders, the remaining 171 deaths exceed last year’s murder tally of 168. Baltimore has also seen a significant increase in homicides since last year. City Homicides in 2017 Las Vegas ...
If you provide someone in Las Vegas with an illegal drug, whether it be heroin, meth, or a prescription painkiller that’s not theirs and they die as a result, you could wind up in prison for murder. NRS § 453.333 provides that: If the death of a person is proximately caused by a controlled substance ...
Given the prospect of spending the rest of your life behind bars, being charged with murder in California is terrifying and daunting. However, as serious as murder charges are, there are a number of powerful legal defenses that an experienced California criminal defense lawyer can assert on your behalf. Even if you admit or the ...