First degree murder in Colorado

What the charge means

First degree murder covers a small set of killings that the law treats as the most serious crimes it defines. The most common form requires proof that the accused acted after deliberation and with intent to cause death. Deliberation means the decision to kill was made after reflection and judgment, not in a sudden impulse. The reflection does not need to take long, but it must be real.

The statute also reaches two other main forms:

• Extreme indifference murder. Conduct that shows an attitude of universal malice, creates a grave risk of death to another, and causes a death. A classic example is firing a gun into a crowd.
• Death of a child under twelve. Knowingly causing the death of a child under twelve by a person in a position of trust, such as a parent, guardian, or caregiver.

Prosecutors must prove every element beyond a reasonable doubt. In an after deliberation case, that includes the mental state itself. Cases often turn on whether the evidence shows planning and reflection or instead shows impulse, provocation, self defense, or a different level of intent that fits a lesser charge. Since 2021, a death that happens during certain felonies, called felony murder, is charged as second degree murder rather than first degree murder.

Classification and sentencing

First degree murder is a class 1 felony, the highest felony level in Colorado under C.R.S. 18-1.3-401.

• Adults. The sentence is life in prison without the possibility of parole. Colorado repealed the death penalty in 2020, so life without parole is the only sentence for adults convicted of this charge.
• People under eighteen. Different rules apply. A juvenile convicted as an adult of a class 1 felony faces life in prison with the possibility of parole after serving forty years.

For most charges we explain that prison ranges apply only if the court chooses incarceration, and that probation is often possible. That caveat does not apply here. For first degree murder the law mandates the life sentence upon conviction, and probation is not available. That is one reason the fight in these cases happens at the charging stage and at trial, over the elements, the mental state, and lesser included offenses.

What else it touches

A conviction reaches far beyond the sentence itself:

• Firearms. Any felony conviction triggers a lifetime ban on possessing firearms under both Colorado and federal law.
• Immigration. Murder is an aggravated felony under federal immigration law. For a noncitizen, a conviction means deportation and a permanent bar on returning.
• Record sealing. A class 1 felony conviction can never be sealed in Colorado. Charges that end in dismissal or acquittal can usually be sealed.

We defend first degree murder cases, and a consultation is the right place to get answers about a specific situation.