Were You Accused Of Criminally Negligent Homicide?
If you have been accused of criminally negligent homicide, you can obtain legal representation to help you fight the charges. Having an experienced attorney in your corner is a critical part of protecting your rights.
At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
In Colorado, criminally negligent homicide is committed when a person causes the death of another by conduct amounting to criminal negligence. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, that person fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
Criminally negligent homicide is a class 5 felony. If convicted of criminally negligent homicide, the person faces sentencing for a class 5 felony of: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of one to three years, but as much as six years if the court finds the presence of exceptional circumstances, with a mandatory parole period of two years.
Possible Defenses For Criminally Negligent Homicide
In the case of criminally negligent homicide, the defense may center on the fact that the person did not negligently kill anyone and that the resulting death was an accident or a result of natural causes. It may also be possible to demonstrate that the killing occurred in self-defense.
Homicide cases require a comprehensive defense approach that may require the assistance of other professionals in a variety of disciplines to analyze all aspects of the case. The defense may require experts in the areas of gunshot residue (GSR), DNA, serology, emergency medicine, psychology, psychiatry, human reaction, firearms, tool marks, foot marks, tire marks, crime scene investigations and police procedure.
The remaining defenses that may be applied in a criminally negligent homicide case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced criminal defense lawyer to defend you in a criminally negligent homicide case in Evergreen, Jefferson County, Colorado.