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Murder Laws in Colorado

How Colorado law treats murder (first vs second degree): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child… C.R.S. §§ 18-3-102, 18-3-103, 18-1.3-406(1)(a); C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503

Murder (first vs second degree)First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child under 12 while in a position of trust — is a class 1 felony punished by life imprisonment. Second-degree murder — knowingly causing a death, or a death caused by any participant during felony arson, robbery, burglary, kidnapping, sexual assault or escape (felony murder) — is a class 2 felony and must be sentenced as a crime of violence: at least the midpoint of, and up to twice the maximum of, the class 2 presumptive range of 8 to 24 years. A second-degree murder committed in a sudden heat of passion caused by the victim's serious provocation is a class 3 felony (presumptive range 4 to 12 years).
Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Second-degree murder: § 18-3-103(3)-(4); crime-of-violence sentencing: § 18-1.3-406.

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FAQ

What is the difference between first and second degree murder in Colorado?
First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child under 12 while in a position of trust — is a class 1 felony punished by life imprisonment. Second-degree murder — knowingly causing a death, or a death caused by any participant during felony arson, robbery, burglary, kidnapping, sexual assault or escape (felony murder) — is a class 2 felony and must be sentenced as a crime of violence: at least the midpoint of, and up to twice the maximum of, the class 2 presumptive range of 8 to 24 years. A second-degree murder committed in a sudden heat of passion caused by the victim's serious provocation is a class 3 felony (presumptive range 4 to 12 years).
Can I get a court-appointed lawyer for murder (first vs second degree) in Colorado?
Colorado's rule on court-appointed lawyers: The Colorado State Public Defender represents, without charge (except the processing fee), indigent persons charged with felonies, and indigent persons charged with misdemeanors that carry a possible sentence of incarceration, among others. The public defender makes the determination of indigency, subject to court review, under fiscal standards set by the Colorado Supreme Court. The person must submit an application signed under oath and under penalty of perjury; a copy goes to the prosecutor, who may request a hearing on eligibility. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if court-appointed counsel enters an appearance; the fee is assessed at sentencing or final disposition and may be waived if the court finds the person lacks the financial resources to pay. Juveniles and their parents or guardians do not pay the fee. C.R.S. § 21-1-103
How much does a lawyer for murder (first vs second degree) cost in Colorado?
Lawyers set their own fees, and Colorado has rules on how they may charge. See hiring a criminal defense lawyer in Colorado for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for murder (first vs second degree) in Colorado?
How release before trial works in Colorado: All persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption is great, or when, after a hearing held within ninety-six hours of arrest, the court finds the proof is evident or the presumption great and that the public would be placed in significant peril if the accused were released, for listed charges (such as a crime of violence while on probation, parole or bail for a prior crime of violence, a crime of violence after prior felony convictions, and sexual assault offenses). At the first appearance of a person in custody, the court determines the type of bond and conditions of release, which must be sufficient to reasonably ensure appearance and protect the safety of any person or the community, taking into consideration the person's financial condition. The court must presume all persons are eligible for release on bond with the appropriate and least-restrictive conditions; a monetary condition of release must be reasonable. If a court uses a bond schedule, it must consider individualized risk and circumstances and not solely the level of offense; courts use an empirically developed risk assessment instrument where available. Bond types range from an unsecured personal recognizance bond to secured bonds. For offenses punishable by fine only, any monetary condition may not exceed the maximum fine. C.R.S. §§ 16-4-101, 16-4-103, 16-4-104; Colo. Const. art. II, § 19 What happens after an arrest.
Can a conviction for murder (first vs second degree) be removed from my record in Colorado?
Each state sets its own rules for sealing or expunging records. See Colorado expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.