In Weld County, if a person attempts to kill someone, they can face a criminal charge of Attempted Murder. This felony is a serious crime that can have severe consequences on your life, career, and freedom. An 18 year old man in Greeley is facing an Attempted Murder charge after allegedly shooting a gun into a moving car. He was walking in a cross walk when a white car almost hit him. As he walked away, he was captured on video raising a gun and firing a round into the car. The teen is facing Attempted First-Degree Murder, Menacing and Criminal Mischief.
Definition of First Degree Murder, C.R.S. 18-3-102 in Greeley, Colorado
To understand the charge of Attempted Murder, it is important to know what the definition of First Degree Murder, C.R.S. 18-3-102, is:
(1) A person commits the crime of murder in the first degree if:
(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person.
In the above story, although the victim did not die from the gunshot, if it can be proven that he deliberately and with intent tried to kill the victim, then he could be convicted of First Degree Attempted Murder.
What is the Difference Between First Degree Attempted Homicide / Murder and Second Degree Attempted Homicide in Weld County?
In Weld County, the difference between First Degree Attempted Homicide / Murder and Second Degree Attempted Homicide / Murder is simply the premeditation (or deliberation) element. If there is no premeditation, or deliberation, then the charge could be amended to Second Degree Attempted Homicide.
What is the Official Definition of Murder in the Second Degree, C.R.S. 18-3-103?
Greeley courts define Murder in the Second Degree, C.R.S. 18-3-103, as:
A person commits the crime of murder in the second degree if: The person knowingly causes the death of a person. As stated above, the difference between Second Degree Murder and First Degree Murder is that 1st Degree Murder requires premeditation or deliberation. This can also be seen as an element of planning for the murder, rather than it occurring on the spur of the moment.
Eaton or Severance, Colorado Sentence and Penalties for Attempted Murder
The sentence and penalties for Attempted Murder in Eaton, Severance, or the rest of Colorado, are as follows: Attempted Murder in the First Degree is a class 2 felony with penalties of 8 to 24 years in a Colorado State Prison, fines of $5,000 to $1 million, and five years of mandatory parole. The First Degree Attempted Murder charge can become a crime of violence if a deadly weapon was used, serious bodily harm was inflicted, or another person died. If a defendant is convicted of Attempted Murder in the Second Degree is a class 3 felony with penalties of 4 to 12 years in prison, fines of $3,000 to $750,000, and five years of mandatory parole.
Why Hire a Top Weld County Defense Attorney in an Attempted Murder Charge?
Our top Weld County Attempted Murder attorneys care about their clients. We have experience with hundreds of felony charges and understand how the court system and Weld County District Attorney work. Our top criminal defense attorneys will fight for you and your future. We’ll also be honest with you about the state of your case, the evidence and witness testimony. The criminal defense attorneys at the O’Malley Law Office have over 30 years of experience finding available defenses and proving the truth.