Expert Attorneys in Littleton, Jefferson County, or Colorado, Ready to Represent You
If you have been accused of second degree murder, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the greater Denver area or toll free at 888-725-2609 across Colorado for a free initial consultation.
Whether in the Denver area, or anywhere in Colorado, second degree murder is committed where a person knowingly causes the death of another. Where second degree murder is committed in the heat of passion, the charge is reduced from a class 2 felony to a class 3 felony.
Possible Consequences for Second Degree Murder
Murder in the second degree is a class 2 felony. Although a probationary sentence is authorized by statute, it is unlikely that any court would consider imposing a probationary sentence in a second degree murder case. The offense is also punishable by a prison sentence of eight (8) years up to twenty-four (24) years, with a possible sentence of up to forty-eight (48) years in the case of exceptional circumstances. This charge is frequently accompanied by a crime of violence enhancer that sets a minimum mandatory prison sentence of at least sixteen (16) years.
Possible Defenses for Second Degree Murder
In the case of second degree murder, the defense may center on the fact that the person did not knowingly kill anyone, and that the resulting death was an accident, resulting in a conviction for a lesser offense. It may also be possible to demonstrate that the killing occurred in self defense.
Homicide cases require a comprehensive defense approach that may require the assistance of other professionals in a variety of different disciplines to analyze all aspects of the case. The defense may require experts in the areas of gunshot residue ("GSR"), DNA, serology, emergency medicine, psychology, psychiatry, human reaction, firearms, toolmarks, footmarks, tiremarks, crime scene investigations, and police procedure.
The remaining defenses that may be applied in a second degree murder case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures bases on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. There are many other defenses that are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo line-ups, and inaccurate crime scene / accident reconstructions.
It is important that you hire a skilled and experienced second degree murder lawyer to defend you in a second degree murder case in Littleton, Jefferson County, Colorado.
Call us at 303-872-4719 in the greater Denver area or toll free across Colorado at 888-725-2609 for a free initial consultation.