Homicide and murder are two terms that are often used interchangeably, with many people believing they signify the same thing. Although the two words may sound similar, they do not mean the same thing under Colorado’s criminal law. A firm understanding of the difference can come in handy when dealing with criminal cases or listening to the news.
This article explains what homicide and murder mean under Colorado law to help you understand the difference. It also helps you know what punishments are given under the law for anyone found guilty of either crime.
How Does the Law Define Homicide?
Homicide is used to refer to when someone causes the death of another person without necessarily implying criminal wrongdoing. “The circumstances surrounding the death are what determine whether the act was lawful or unlawful, which is why each case is handled on its merits,” says Mike Petrash, the Attorney of Petrash Law.
An example of lawful homicide can be when a property owner, while exercising their right to self-defense, uses proportional force that causes the death of another. Contrarily, unlawful homicide occurs when the reckless behavior or negligence of one person causes the death of another.
Some unlawful homicides result from recklessness or negligence rather than deliberate action. These are classified differently under Colorado law into manslaughter and criminally negligent homicide.
Manslaughter
This happens when someone, through a reckless act or omission, causes the death of another. The term “reckless” means the individual was aware of a substantial risk of death but ignored it. For example, encouraging a dangerous stunt or firing a weapon recklessly could lead to a manslaughter charge.
Criminally Negligent Homicide
Criminally negligent homicide happens when a death results from a person’s failure to recognize a significant risk that their actions could cause death. This is different from recklessness because the person was not aware of the risk, but should have been.
What Is the Legal Definition of Murder?
Murder is a type of homicide that is seen to be more serious because it is the intentional killing of another person. What this means is that while every murder is a homicide, not every homicide amounts to murder.
Also, the intent of the accused is a key factor for consideration when dealing with murder cases. This intent is what divides murder into first-degree, where the death was deliberate and premeditated, and second-degree, when death is without premeditation.
First-Degree and Second-Degree Murder In Colorado
First-degree murder is a serious charge in Colorado, caused by the deliberate and premeditated killing of another person. Premeditation means that the killer planned the act, even if only for a brief moment, and carried it out intentionally.
Colorado law defines several specific acts that qualify as first-degree murder, including:
- Killing after deliberation and with intent;
- Killing a child under twelve by someone in a position of trust;
- Killing while committing certain felonies (felony murder);
- Killing a peace officer or firefighter while they are performing official duties.
Second-degree murder, on the other hand, is when a person knowingly causes the death of another without having it planned beforehand. The key difference is that the act was intentional, but it was not planned.
Second-degree murder is termed a Class 2 felony, attracting up to 24 years in prison and fines. However, if the act was committed in the “heat of passion”, like upon sudden provocation or intense emotional distress, the charge may be reduced to a Class 3 felony, with a lower sentence range of 4 to 12 years.
Conclusion
Homicide takes place when one person’s actions cause another person’s death. However, where the death of a person is caused by the intentional killing of another, that is termed murder. In Colorado, there is a clear distinction between these two crimes to ensure that the appropriate punishments are meted out. The accused’s state of mind at any given time is critical in determining whether it is homicide or murder..
If you are dealing with any of these crimes, a good approach will be to speak to a criminal defense attorney in Colorado to get adequate legal guidance.
Also Read: How Criminal Law Distinguishes Murder from Homicide
