Some people go all out when it comes to decorating for Halloween. The decorations can be pretty gruesome. In fact, one woman delights in putting a dummy out in her front yard just to see people’s reactions. This year alone she has had 911 responders show up to her house after people passing by thought a person was in danger. Unfortunately for one woman, her untimely demise occurred around this same time of year and her real body was mistaken for a decoration. Neighbors saw a body hanging from a chain link fence and assumed it to be a Halloween prank, so they left it alone. It wasn’t until some construction workers in the area called the police that the truth came out; it was a real woman’s body. Investigators say the woman died of blunt force trauma to the head and neck from a bloody rock that was found nearby. Police think she got caught up in the fence when trying to get away from her boyfriend, who was later arrested for her death.
Homicide and Murder in Weld County
There are four main types of murder charges that a person can face when they are accused of being the cause of another person’s death in Weld, Morgan, and Logan County. They are: 1st Degree Murder, 2nd Degree Murder, Manslaughter, and Criminally Negligent Homicide. Relating to this case, the two that may apply are First Degree Murder or Second Degree Murder.
The Colorado law definition of Murder in the First Degree – C.R.S. 18-3-102 – is:
(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; or
(b) Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone; or
(c) By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or
(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or
(e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407 (2), and the death of such person is caused by the use of such controlled substance; or
(f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.
The Colorado law definition of Murder in the Second Degree – C.R.S. 18-3-103 – is:
Have you been charged with Murder or Homicide? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Murder or Homicide? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
While the two look relatively similar, there are vital differences between the two degrees of Homicide. 1st Degree Homicide deals with the planned death of another. For 2nd Degree Homicide, a person has to knowingly cause the death of another, but only if it not a pre-planned event. In fact, there is a stipulation with Second Degree Murder that if the death occurred under a sudden heat of passion, it is charged as an even lower level felony:
| Crime | First Degree Murder | Second Degree Murder | Second Degree Murder- Sudden Heat of Passion |
| Felony Level | Class 1 felony | Class 2 felony | Class 3 felony |
When facing such serious felony charges, it is vital you have an experienced Murder / Homicide criminal defense attorney who can effectively defend you.
If you or someone you love has been charged with 1st or 2nd Degree Murder, be smart, exercise your right to remain silent and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
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