They say breakfast is the most important meal of the day, but is it so important it justifies shooting someone? Well, for one father, it apparently is. According to the news report, the man and his son were fighting about who drank all the orange juice. This lack of juice escalated to such a heated argument, the son broke a porcelain vase. At this point, the father grabbed his gun, chased his son out of the house and fired three shots at him, one of which hit him in the butt. The man is now facing an Attempted Manslaughter charge.
Manslaughter in Weld County
C.R.S. 18-3-104 – Manslaughter – is defined by Colorado law as:
(a) Such person recklessly causes the death of another person; or
(b) Such person intentionally causes or aids another person to commit suicide.
A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists. The father acted recklessly when he shot the gun at his son. Manslaughter is a class 4 felony. However, this man did not commit Manslaughter. He is charged with Attempted Manslaughter, because no one was actually killed in this shooting.
Criminal Attempt in Greeley
Colorado law defines C.R.S. 18-2-101 – Criminal Attempt – as:
(2) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his complicity under section 18-1-603 were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.
Basically, if a person in Weld, Morgan, or Logan County takes a substantial step toward committing a crime, the District Attorney will add the Attempt label to the underlying crime. The father actions could have resulted in the Manslaughter of his son, but since it did not, he was charged with Attempted Manslaughter.
Criminal Attempt is charged based on the underlying crime in Greeley, Erie, and Evans:
|
Underlying Crime |
Attempt Charge |
| Class 1 felony, like 1st Degree Murder | Class 2 felony Attempted First Degree Murder |
| Class 2 felony, like First Degree Kidnapping | Class 3 felony Criminal Attempt 1st Degree Kidnapping |
| Class 3 felony, like Aggravated Robbery | Class 4 felony Attempt to Commit Aggravated Robbery |
| Class 4 felony, like Sexual Assault | Class 5 felony Attempted Sexual Assault |
| Class 5 or 6 felony, like Theft | Class 6 felony Criminal Attempt Theft |
| Class 1 misdemeanor, like Assault in the Third Degree – Domestic Violence | Class 2 misdemeanor Attempt to Commit 3rd Degree Assault – DV |
| Class 2 or 3 misdemeanor, like Harassment | Class 3 misdemeanor Attempted Harassment |
For the most part, the Attempt label steps the felony or misdemeanor down one level.
If you or a loved one has been charged with Manslaughter or an Attempt crime, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys from the O’Malley Law Office at (970) 616-6009 for a free consultation. Together, we can protect your future.
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