Loveland Homicide Attorney
Homicide Charge? Choose A Top Loveland Homicide Attorney
One of the most serious crimes that can be committed is taking another individual’s life. If you have been charged with homicide or one of the lesser charges, it is essential to choose an experienced Loveland criminal defense lawyer that is aggressive and passionate about your case.
Law enforcement and prosecutors in Colorado are going to do everything in their power to prosecute you to the fullest extent of the law and convict you of said charges.
They believe you to already be guilty and it is their number one goal that you end up behind bars for as long as possible. You do not want to leave yourself vulnerable to their will during the criminal process. Having the right Loveland criminal defense lawyer by your side ensures that someone is going to be there to fight for your rights.
There are a number of various classes of felonies, each of these come with various sentences as well as a specific number of years before an individual can be placed up for parole.
First Degree Homicide Defense
There area a number of conditions that must be considered, however the number one consideration is if the crime was committed with deliberation and if actual harm was the intent.
Additionally, the accused may have acted alone or with the assistance of another individual. If another crime was being committed such as sexual assault, arson, robbery or kidnaping and the individual was killed, this would still be considered a homicide in the first degree.
Furthermore, it would be considered homicide if an innocent individual was executed by lying to the courts or committing perjury.
One could also be convicted of homicide by selling a controlled substance to a minor and the minor was to die after using it.
While a death may not be intentional, the negligence is still considered a crime.
Second Degree Homicide
- A second degree homicide charge will cover cases in which a person knowingly caused the death of another individual, but not in a premeditated fashion.
- Second degree homicide is typically defined as the killing of an individual through dangerous conduct or disregard for human life.
- Second degree murder is usually defined as a killing that is the result of an act that was designed to cause bodily harm. For example, a beating that ends in the death of an individual can be considered a second degree murder.
- Second degree murder charges are usually viewed as a middle ground between voluntary manslaughter and first degree murder.
- Manslaughter is often defined as the act of recklessly causing the death of another individual, otherwise an unlawful death without malice.
- A crime of passion which happens in the heat of the moment will typically fall into this category and is known as voluntary manslaughter.
- Involuntary manslaughter is defined as an unintentional death that is due to the negligence of another individual.
- Criminally negligent homicide is quite similar to manslaughter however it convers events which are considered criminal negligence as opposed to just accidental death.
- Vehicular Homicide
There is a specific category for vehicular homicide in which will address individuals who were driving recklessly and killed an individual as a result.
In some cases, vehicular manslaughter is referred to as involuntary manslaughter. The individual may have been operating a vehicle under the influence of alcohol or drugs, they may have been speeding or even distracted by an electronic device such as a phone when the death occurred.
Sentencing Terms For Homicide
- Dependent upon the conviction for murder, sentencing can range from one year to death with possibilities of parole in some instances.
- A class one felony carries life in prison with no opportunity for parole as a minimum sentence. The maximum sentence in this situation is the death penalty.
- Whereas a class two felony will have a minimum of eight years in prison with a maximum of twenty-four. There is a mandatory five year parole period.
- A class three felony has at least four years of prison with a maximum of 12 in addition to a five year period before parole.
- A class four felony will have a two year minimum sentence with a maximum of six years and three years before parole.
- A class five felony will see a one year minimum sentence with a maximum of three years and a two year parole.
- And finally, a class six felony will carry a minimum one year sentence with up to eighteen months as a maximum and one year parole period.
Defending A Homicide Charge In Loveland
In order to defend a homicide charge, there must be a structured and careful defense put forth by your Loveland Criminal Attorney. Your defense will require a good deal of preparation as well as a certain level of aggressiveness throughout the legal process. Every testimony and piece of evidence that the prosecution brings forth could lead to a serious and potentially negative impact on your case.
One must consider that other than factual circumstances dealing with the death there is the state of mind that must be considered. While this can lead to a reduction in the charges, it may also lead to a dismissal of the case or a not guilty charge.
Get A Top Loveland Homicide Attorney
If you have been charged with homicide, it is essential that an experienced and thorough homicide attorney be on your side.
Ash McCuaig with The McCuaig Law Firm can offer you the experience, expertise and measured aggressive defense you are going to need throughout this process. Call us today for a full review of your case at no charge.
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