Colorado Homicide Attorney

Ryan Brackley has been a prosecutor and criminal defense attorney in New York and Colorado focusing on Crimes of Violence including Homicide and serious Assaults for 32 years.  Before relocating to Colorado, Ryan was the Senior Trial Counsel in the Homicide Investigation Unit in the Manhattan District Attorney’s Office.  As a criminal defense attorney Ryan has the knowledge, skill and resources to fight for you if you are charged with or under investigation for any Homicide related crime. 

Call Ryan Brackley and the Brackley Law Office PLLC to discuss your charges with a Colorado murder defense attorney. 

Murder is a form of homicide (unlawful killing) under Colorado state law where the accused is charged with intentionally taking someone else’s life without legal justification. It is classified as a felony and could result in a life sentence if convicted. A person may also be charged with murder where they act in a manner considered to be deprived, inhumane, or with extreme indifference to human life and death results from their conduct. Additionally, an individual may be charged with murder if someone dies when they are committing another serious crime like robbery, burglary, arson and several others. This is called felony murder.

There are various classifications of murder under Colorado state law. All of which could result in a life sentence. While each is punished severely, they are separate and unique crimes. First Degree Murder is the most commonly charged as it relates to the intentional killing of another. Certain types of felony murder can also result in a person being charged with first-degree murder.

There are also lesser categories of homicide such a Second Degree Murder, manslaughter and criminally negligent homicide and Vehicular Homicide.

Criminally negligent homicide is when a death results because a person was being criminally negligent. What this means is that the person’s behavior was so blameworthy, irresponsible and neglectful as to be deviating from how a reasonable person would behave under similar circumstances. A conviction here could result in a sentence in the Colorado Department of Corrections.

The best way to defend against a murder case is by hiring an experienced homicide attorney. Ryan W. Brackley has the background, knowledge, skill, talent and expertise to navigate the way through this process. Having successfully handled murder cases not only as prosecutors but as a defense attorney, Ryan is are conversant with the approach required to produce effective results. These cases require significant due diligence in the form of investigation, attentiveness to detail, interviewing of witnesses, reviewing of all documents, pictures, video and audio tapes, statements, expert reports and scientific evidence.

We work to exonerate the accused and give them the freedom and peace of mind that comes with being found not guilty.

Colorado Murder in the First Degree

  1. 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. Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone; or
    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 <tel:18-18-407> (2), 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. 2. It is an affirmative defense to a charge of violating subsection (1) (b) of this section that the defendant:
    a. Was not the only participant in the underlying crime; and
    b. Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
    c. Was not armed with a deadly weapon; and
    d. Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
    e. Did not engage himself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury; and
    f. Endeavored to disengage himself from the commission of the underlying crime or flight therefrom immediately upon having reasonable grounds to believe that another participant is armed with a deadly weapon, instrument, article, or substance, or intended to engage in conduct likely to result in death or serious bodily injury.

Colorado Murder in the Second Degree

  1. A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
  2. Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree.

Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.

Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.

Colorado Manslaughter

    1. A person commits the crime of manslaughter if:
      a. Such person recklessly causes the death of another person; or
      b. Such person intentionally causes or aids another person to commit suicide.

      Manslaughter is a class 4 felony.

Colorado Felony Vehicular Homicide

  1. If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime.

Colorado Criminally Negligent Homicide

Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.

By retaining Ryan W. Brackley, a defendant charged with a homicide offense can maximize the chances
that:

  1. Ryan Brackley will use the most experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going.
  2. He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
  3. He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
  4. He or she may be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
  5. He or she will be able to prevail at trial;
  6. He or she will be able to obtain the best plea bargain possible should there be compelling
    evidence of the defendant’s guilt; and
  7. He or she will be able to receive a non-prison sentence, or one which results in the lowest amount of prison time possible.

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Experienced Lawyers In Denver CO

PRACTICE AREAS

Primary Service Areas

Denver-Metro Area, County of Denver, Arapahoe County, Jefferson County, Adams County, Douglas County, Broomfield County, Boulder County, Denver, Aurora, Centennial, Lakewood, Greenwood Village, Golden, Arvada, Castle Rock, Thornton, Wheatridge, Brighton, Boulder.

More Service Areas

Weld County, Gilpin County, Larimer County, El Paso County, Clear Creek County, Colorado Springs, Greeley, Loveland, Ft. Collins, Central City/Blackhawk, Georgetown, Conifer.

Summit County, Eagle County, Garfield County, Lincoln County, Huerfano County, Park County, Frisco, Breckenridge, Durango, Silverthorne, Vail, Avon, Edwards, Glenwood Springs, Kiowa, Walsenburg, Fairplay, Bailey, Sloan’s Lake, Union Station, Capitol Hill, City Park, Lincoln Park, Sun Valley, Congress Park, Washington Park, Glendale, Cherry Creek, Ruby Hill.

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