Arrested or Charged with First Degree Murder in Colorado? Here’s What You Need to Know

If you or someone you love has been accused of first degree murder in Colorado, your life may never be the same.

But it’s not over.

This is the most serious charge in the state. The consequences are permanent. But with the right legal strategy, even the most severe allegations can be challenged. And at Dawson Law Office, we’ve built our reputation on defending people when everything is on the line.

In this post, we break down what first degree murder really means under C.R.S. § 18-3-102, what penalties you’re facing, how prosecutors build these cases—and most importantly, what you can do right now to protect your rights and future.

What is First Degree Murder in Colorado?

Under Colorado Revised Statutes § 18-3-102, a person commits murder in the first degree if they:

“After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or another.”

This is the classic legal definition of premeditated murder—a killing that is intentional, calculated, and committed with purpose.

But that’s just one path to a first degree murder charge in Colorado. The statute actually outlines several distinct ways a person can be charged, including:

Subsection (a): Intentional and Deliberate Killing

This is the most common. The prosecution must prove:

• You caused someone’s death,
• You acted with intent,
• And you deliberated before acting.

In other words, it wasn’t an accident or sudden impulse—it was planned, even if only briefly.

Subsection (c): Murder by Perjury

This rarely used but still active provision makes it first degree murder if someone commits perjury or encourages perjury, resulting in the conviction and execution of an innocent person.

Subsection (d): Extreme Indifference Murder

Also known as “depraved heart” murder, this occurs when someone acts with:

• An “attitude of universal malice” and
• Extreme indifference to human life.

Examples might include firing into a crowd, setting off an explosive in a public place, or recklessly endangering lives without regard for who may be hurt.

Subsection (e): Drug-Induced Death of a Minor

It’s first degree murder to unlawfully distribute controlled substances to a person under 18 on school grounds, if that drug causes the person’s death.

Subsection (f): Child Death by a Person in a Position of Trust

If you cause the death of a child under age 12 and you were in a position of trust—such as a parent, caregiver, teacher, or family member—it is charged as first degree murder.

First Degree Murder in Colorado Is a Class 1 Felony

Every form of first degree murder under C.R.S. § 18-3-102 is classified as a Class 1 felony, the most serious offense under Colorado law.

As of 2023, Colorado no longer has the death penalty, but that doesn’t mean the punishment isn’t life-altering.

Penalties for First Degree Murder Include:

• Life imprisonment without the possibility of parole
• Mandatory sentencing (the judge has no discretion to reduce the sentence)
• Potential federal charges in certain cases
• Permanent felony record, loss of civil rights, and social consequences that follow you forever

If you’re convicted of first degree murder in Colorado, there is no second chance—which is why your defense strategy must be swift, aggressive, and intelligent from day one.

How Prosecutors Build First Degree Murder Cases in Colorado

The District Attorney’s office will often spend weeks or even months building a case before formally charging you. That gives them a head start—but also gives you an opening.

Here’s what they rely on most:

• Eyewitness testimony
• Digital evidence (texts, calls, GPS, video)
• Ballistics and forensic analysis
• Statements you’ve made to police or others
• Motive evidence (past threats, history of violence, custody battles, etc.)

And once the prosecution files the charge, they’ll often seek no bond and push for a trial conviction and life sentence.

You can’t afford to wait. Every minute matters.

Possible Defenses to First Degree Murder in Colorado

Even when the stakes are sky-high, you are not defenseless.

At Dawson Law Office, we evaluate every angle, challenge every assumption, and build defenses designed to undermine the prosecution’s story. Here are just a few examples:

Lack of Intent or Deliberation

If the killing happened in the heat of the moment or was an accident, it may not qualify as first degree murder. The absence of premeditation could reduce the charge to second degree murder or manslaughter.

Self-Defense or Defense of Others

Colorado law allows deadly force when a person reasonably believes it’s necessary to prevent death or serious injury. If you acted to protect yourself or someone else, we can raise that defense.

False Accusations or Mistaken Identity

Not every accusation is truthful. Not every witness is reliable. We thoroughly investigate who’s pointing fingers—and why.

Mental State Defense (Insanity or Incompetence)

If you were incapable of understanding your actions or couldn’t distinguish right from wrong, you may qualify for a mental health defense.

Procedural Violations

If police violated your rights during arrest or interrogation (e.g., failing to read your Miranda rights, coercing confessions, illegal search and seizure), we move to suppress evidence and weaken the case.

What to Do If You’ve Been Charged with First Degree Murder in Colorado

1. Remain Silent

Do not talk to police. Do not talk to other inmates. Do not try to “explain your side.” Anything you say—even casually—can and will be used against you.

2. Contact a Criminal Defense Lawyer Immediately

Not just any lawyer—a serious felony defense attorney with experience in murder cases. At Dawson Law Office, we don’t just take cases—we take them personally.

3. Document Everything

Write down everything you remember about the incident. Who was there? What was said? Where were you before and after? The smallest detail could be your biggest defense.

4. Avoid Media, Social Media, and Public Comments

Silence is your greatest ally. Let your attorney do the talking—from this point forward.

Your Defense Against First Degree Murder Charges in Boulder

We know the fear that comes with being charged with murder. We know the isolation. The judgment. The overwhelming weight of not knowing what comes next.

But we also know the law.
We know how prosecutors think.
And we know how to fight for your rights when everything is on the line.

At Dawson Law Office, we provide fierce, focused criminal defense for individuals facing the most serious accusations under Colorado law—including first degree murder.

We believe every person deserves a fair trial, a powerful defense, and the chance to tell their side of the story.

Call Dawson Law Office now for a confidential consultation.

Don’t wait for things to get worse—get ahead of your charges today.