Arrested or Charged with Criminally Negligent Homicide (C.R.S. § 18-3-105) in Colorado?

Someone died in an accident. Now Colorado law enforcement wants to hold you responsible under C.R.S. § 18-3-105 because they claim any reasonable person would have recognized the risk. They’re turning your failure to foresee tragedy into a felony.

Criminally negligent homicide charges mean prosecutors think you should have seen danger that you honestly never noticed.

But we’re here to guide Coloradans when prosecutors try to criminalize accidents, what these charges mean, and how to protect yourself.

Criminal Negligence Under Colorado’s Statute

Section 18-3-105 of the Colorado Revised Statutes defines one of the state’s most misunderstood crimes.

The law states that a person commits criminally negligent homicide when they cause death through criminal negligence. But criminal negligence has a specific legal meaning that goes beyond simple carelessness.

• You commit criminal negligence when you fail to perceive a substantial and unjustifiable risk of death
• This failure must represent a gross deviation from the standard of care that a reasonable person would exercise.

The difference between criminal negligence and manslaughter is that you genuinely didn’t recognize the danger. Unlike manslaughter, where someone sees a risk and ignores it, negligent homicide involves missing warning signs entirely.

Why Prosecutors Pursue These Charges

When someone dies and prosecutors can’t prove intent or recklessness, they often fall back on negligent homicide charges.

From their perspective, someone must be held accountable for the death. They argue that missing obvious danger signs amounts to criminal conduct, even without malicious intent.

These charges frequently arise in cases involving:

• Workplace accidents with safety violations
• Child deaths from inadequate supervision
• Traffic fatalities without DUI or reckless driving
• Medical situations where caregivers miss critical symptoms
• Firearm accidents from improper storage

Prosecutors see these as preventable deaths that warrant criminal punishment. They believe sending you to prison will deter others from similar negligence.

The Class 5 Felony Reality

While less severe than other homicide charges, criminally negligent homicide still brings life-altering consequences.

Colorado law classifies this as a class 5 felony with mandatory penalties:

• 1 to 3 years in the Colorado Department of Corrections
• Possible fines
• 2-year mandatory parole period after release
• Permanent criminal record

The sentence extends far beyond court-imposed punishment. Employment becomes nearly impossible. Professional licenses vanish. Housing applications get rejected.

A momentary lapse in judgment becomes a lifetime burden.

Distinguishing Criminal from Civil Negligence

Not every negligent act that causes death becomes a criminal case. The criminal code requires more than ordinary carelessness.

Civil negligence means falling below reasonable care standards. You might face lawsuits and financial liability.

Criminal negligence requires gross deviation. It speaks of conduct so far below reasonable standards that criminal punishment becomes appropriate.

The distinction often depends on:

• Magnitude of risk involved
• Obviousness of the danger
• Your reasons for not perceiving it
• Social value of your conduct
• Availability of safer alternatives

This gap between civil and criminal liability creates space for effective defense strategies.

How Vehicular Homicide Intersects with Negligent Homicide

Vehicular homicide requires either reckless driving or DUI causing death. When prosecutors can’t establish these elements, they sometimes charge criminally negligent homicide instead.

The vehicular homicide statute requires specific driving behaviors. Without them, prosecutors must fall back on general criminal negligence.

This creates leverage for defense attorneys who understand both statutes.

Defense Strategies That Challenge These Charges

Beating negligent homicide charges requires attacking the prosecution’s assumptions about what you should have perceived.

The Reasonable Person in Your Shoes

Prosecutors argue a reasonable person would have seen the risk. We show why someone in your exact position might reasonably have missed it:

• Limited information available at the time
• Competing priorities demanding attention
• Reliance on others’ expertise or assurances
• Environmental factors affecting perception
• Your specific training and experience level

Context changes everything about what seems reasonable.

Breaking the Causal Chain

Criminal liability requires that your negligence directly caused death. We identify intervening factors:

• Victim’s unexpected actions
• Third-party conduct
• Equipment failures
• Medical complications
• Unforeseeable events

Multiple causes create reasonable doubt about your criminal responsibility.

Ordinary vs. Gross Deviation

Prosecutors must prove gross deviation from reasonable care. We demonstrate your conduct, while imperfect, wasn’t criminal:

• Following industry practices
• Making defensible decisions with available information
• Acting within accepted parameters
• Responding reasonably to circumstances

The law doesn’t criminalize every mistake that leads to tragedy.

Critical Actions After Being Charged

Contact with law enforcement requires extreme caution. They want admissions that your conduct was negligent. Every statement becomes evidence against you.

Tell investigators only:

• “I want to remain silent”
• “I need an attorney present”
• Nothing else about the incident

Preserving Your Defense

Create detailed notes for your defense lawyer about what happened, what you knew, and why you acted as you did. Include all factors affecting your decisions and perceptions.

Never share this information with anyone except your attorney. It’s protected by attorney-client privilege only if kept confidential.

Fatal Mistakes to Avoid

Common errors that guarantee conviction:

• Trying to explain the accident to the police
• Apologizing for what happened
• Discussing details with friends or family
• Posting anything online about the incident
• Contacting witnesses directly

Each mistake strengthens the prosecution’s case against you.

Why Colorado Criminal Defense Experience Matters

General criminal lawyers don’t understand the nuances of homicide charges in Colorado courts.

Experienced Colorado criminal defense lawyers know how local prosecutors approach these cases. We understand which arguments work with specific judges. We’ve built relationships and reputations that benefit our clients.

Our defense law practice spans Denver, Boulder, and the surrounding counties. We know the players, the process, and the pressure points. This local knowledge translates directly into better outcomes.

Acting Now vs. Waiting

Every day without defense representation weakens your position. Evidence degrades or disappears. Witnesses forget helpful details while remembering harmful ones. The prosecution’s narrative solidifies. Your opportunity for the best possible outcome shrinks.

Starting your defense immediately means:

• Preserving favorable evidence
• Locking in witness testimony
• Challenging the investigation while it’s fresh
• Preventing overcharging
• Opening early resolution possibilities

The difference between acting today and waiting until tomorrow could be years of your life.

Your Defense Depends on When You Decide to Call

Facing criminally negligent homicide charges feels overwhelming. Someone died. The state wants to punish you. Your future hangs in the balance.

At Dawson Law Office, we know how to protect you. So don’t let prosecutors control your fate. Don’t assume cooperation will help. Don’t wait.

We’re ready to start your defense immediately. Call Dawson Law Office today. Because when you’re facing felony charges, every moment counts.