Criminally negligent homicide in Colorado

What the charge means

Prosecutors must prove that the accused caused another person's death through criminal negligence. Criminal negligence means the person failed to perceive a substantial and unjustifiable risk that death would result, and that failure was a gross deviation from what a reasonable person would have done in the same situation. Ordinary carelessness is not enough. The mistake has to be far outside what a reasonable person would do.

This is the key difference from manslaughter. A manslaughter charge says the person saw the risk and disregarded it. Criminally negligent homicide says the person never saw the risk but badly should have. Juries are often asked to choose between the two, and it is a common lesser included offense in manslaughter and murder trials.

Common scenarios include leaving a loaded gun where a child can reach it, believing a gun was unloaded when handling it, fatal lapses while supervising children or vulnerable adults, and other accidents where the state says the failure of care crossed from a tragedy into a crime.

Classification and sentencing

Criminally negligent homicide is a class 5 felony. Under C.R.S. 18-1.3-401, if the court imposes prison, the presumptive range is 1 to 3 years, followed by 2 years of mandatory parole. A fine of $1,000 to $100,000 is also possible. With extraordinary aggravating circumstances, the court can impose up to twice the presumptive maximum.

• Prison is not mandatory. Nothing in this statute requires incarceration. Probation and other community based sentences are legally available, and courts regularly consider them. The range above describes only what applies if the court orders prison.
• Labels can attach. If the case involves an intimate relationship, a domestic violence designation can add treatment and other conditions. The specific facts, not just the charge name, drive the sentence.

What else it touches

Even the lowest homicide charge is still a felony, and the label follows a person:

• Firearms. A felony conviction means a lifetime ban on possessing firearms under Colorado and federal law.
• Immigration. Consequences for noncitizens are fact specific. Negligence offenses are treated differently than intentional crimes, but risk remains, and immigration review before any plea is essential.
• Record sealing. A class 5 felony conviction may become eligible for sealing after a waiting period. Because this is a Victim Rights Act offense, the court must hold a hearing if the victim's family requests one. A dismissal or acquittal can usually be sealed.
• Licenses and work. A felony homicide conviction can affect nursing, teaching, childcare, and commercial driving credentials, and it appears on background checks.

We defend criminally negligent homicide cases, and a consultation is the right place to get answers about a specific situation.