How Many Years Do You Get for Attempted Murder in Colorado?

If you or a loved one have been charged with attempted murder in Colorado, you’re likely feeling overwhelmed, scared, and full of questions – the most pressing being: how many years do you get for attempted murder?

The short answer is that attempted first degree murder convictions can result in up to 48 years in prison, while attempted second degree murder is punishable by up to 24 years. However, the specific sentence depends on the unique facts and circumstances of each case.

As experienced Colorado criminal defense attorneys, we know how daunting and life-altering these charges are. Below we provide a comprehensive overview of the relevant statutes, sentencing guidelines, and critical factors that impact attempted murder cases in our state. Armed with this knowledge, you can take proactive steps to protect your rights and start building the strongest possible defense.

Colorado’s Attempted Murder Statutes & Sentencing Guidelines

In Colorado, attempt crimes occur when someone purposely engages in conduct that constitutes a “substantial step” towards committing an offense. In most cases, criminal attempt is charged one level lower than the underlying crime. (§ 18-2-101, C.R.S.)

First degree murder is a class 1 felony under § 18-3-102, C.R.S. For crimes committed after July 1, 2020, class 1 felonies carry a presumptive sentencing range of life imprisonment to death. (§ 18-1.3-401(1)(a)(V)(A), C.R.S.)

Since attempt crimes are one class lower, attempted first degree murder is a class 2 felony in Colorado. Class 2 felony convictions have a presumptive range of 8-24 years in the Department of Corrections and a fine of $5,000-$1,000,000. (§ 18-1.3-401(1)(a)(V)(A), C.R.S.)

The sentencing range can be even higher if the court finds extraordinary aggravating circumstances, such as the defendant’s criminal history, lack of remorse, or the crime’s impact on the victim. For class 2 felonies like attempted first degree murder, the maximum aggravated range is 48 years. (§ 18-1.3-401(6), C.R.S.)

Second degree murder is defined in § 18-3-103, C.R.S. as knowingly causing the death of a person. It’s a class 2 felony, so attempted second degree murder is a class 3 felony in Colorado.

The presumptive sentencing range for class 3 felonies is 4-12 years in prison and a fine of $3,000-$750,000. (§ 18-1.3-401(1)(a)(V)(A), C.R.S.) Like attempted first degree murder, attempted second degree murder convictions can also be subject to aggravated sentencing of up to 24 years if the court finds extraordinary aggravating factors. (§ 18-1.3-401(6), C.R.S.)

Factors That Impact Attempted Murder Charges & Penalties

Many variables influence what level of attempted murder charges are pursued by the prosecution and the ultimate sentence handed down by the judge. Some of the most significant aggravating factors include:

• The defendant’s prior criminal history, especially any past pattern of violence
• Whether a deadly weapon was used in the commission of the crime
• The extent of the victim’s injuries and the long-term impacts
• If the crime involved deliberation, lying in wait, or an ambush
• Tampering with evidence or witnesses to interfere with the investigation
• The victim’s identity, such as if they were a police officer, elderly, or disabled
• Whether the defendant took responsibility and showed remorse for their actions

On the other hand, some mitigating factors that can argue for lesser charges or downward sentencing departures include:

• The defendant’s young age, lack of criminal history, or diminished mental capacity
• If the defendant was acting in the “heat of passion” or under duress
• Evidence the act was not premeditated or the defendant withdrew from the plan
• The victim’s own role in escalating events or provoking the confrontation
• The defendant has taken steps towards rehabilitation, like substance abuse treatment
• Family obligations, community involvement, and other positive character traits

Depending on the unique circumstances, an experienced criminal defense lawyer may make a case for attempted reckless manslaughter or attempted criminally-negligent homicide charges rather than attempted murder. These charges carry lower felony classifications and sentencing ranges.

In cases involving imperfect self-defense or provocation, an attorney can argue certain mitigating factors justify a more lenient sentence, even if not a full legal defense.

Consult a Skilled Colorado Criminal Defense Lawyer ASAP

Navigating an attempted murder charge is not something you should try to do alone. The single most important action you can take is consulting with an experienced criminal defense attorney as early in the process as possible.

Your freedom, future, and entire way of life are on the line. You need a skilled legal advocate who can protect your constitutional rights, hold the prosecution to its burden of proof, and fight for the best possible resolution.

At Dawson Law Office, our criminal defense lawyers have decades of combined experience successfully defending clients against serious felony allegations like attempted murder. We understand the fear and stress you’re under – that’s why we offer compassion and communication every step of the way.

When you hire our firm, we’ll immediately launch a thorough investigation into your unique case. Our team will interview witnesses, retain experts, examine evidence, and identify weaknesses in the prosecution’s case to leverage in negotiations.

We prepare every case as if it’s going to trial. From the start, we’ll assess all possible defenses and work to exclude any illegally obtained evidence. Depending on the facts, we may be able to argue for a dismissal of charges, reduction to a lesser offense, or a favorable plea agreement that avoids the maximum sentence.

If your case does go to trial, you’ll have aggressive courtroom advocates by your side, fighting for your rights and presenting the most persuasive case to the jury.

Take Action Today

Don’t let attempted murder charges jeopardize your life and future. You have too much at stake to face this battle alone.

If you or someone you love has been arrested for attempted murder in Colorado, reach out to the attempted murder defense lawyers at Dawson Law Office today. We offer free and confidential consultations, so you have nothing to lose by learning your options.

Contact us online or call our office now to take the first step towards protecting your freedom and mounting the strongest possible defense. The sooner you have an experienced criminal attorney by your side, the better your chances will be. Call now.