Have you been charged with the crime § 18-3-102 Murder in the first degree? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-3-102 Murder in the first degree charge in the State of Colorado to protect your innocence.
What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for Murder in the first degree
3. Contact an experienced attorney
When you are charged with Murder in the first degree, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-3-102 Murder in the first degree
See below to read the law pertaining to § 18-3-102 Murder in the first degree
The Law
Reference the definitions from § 18-3-102 for details on the terminology
Definitions
Decker & Jones will help you understand how the law pertains to your case
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§ 18-3-102
(1) A person commits the crime of murder in the first degree if:
(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(b) Repealed by Laws 2021, Ch. 58 (S.B. 21-124), § 1, eff. Sept. 15, 2021.
(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), or 18-18-407(1)(g)(I) for offenses committed on or after October 1, 2013, 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.
(2) Repealed by Laws 2021, Ch. 58 (S.B. 21-124), § 1, eff. Sept. 15, 2021.
(3) Murder in the first degree is a class 1 felony.
(4) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.
§ 18-3-101 Definitions
As used in this part 1, unless the context otherwise requires:
(1) “Homicide” means the killing of a person by another.
(2) “Person”, when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act.
(2.5) One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.
(3) The term “after deliberation” means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.
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