A man was recently charged with 2nd Degree Murder after killing a 15-year-old girl and her 16-year-old brother over a T-shirt conflict. According to the news report, a group of people came to the home of the siblings to confront the girl about a T-shirt. One of the men in the group accused the teen of taking the shirt. When the fight became physical, and the girl was getting pushed around, her brother came out of the house to her defense with a knife. Someone in the group opened fire and the girl and her brother were fatally shot. The man who started the argument turned himself in, but he is not the one facing the 2nd Degree Murder charges. Police were able to make an arrest of a man who they believed actually pulled the trigger and landed the fatal shots.
Larimer County 2nd Degree Murder Lawyer: What is the Definition of Murder in the Second Degree?
The Colorado law definition of Murder in the Second Degree – C.R.S. 18-3-103 – is:
So why would the man get charged with 2nd Degree Murder instead of 1st Degree Murder? Well, in Larimer, Boulder, and Grand County, Murder in the First Degree is charged when a person plans and then carries out the plan to take someone’s life. While it does occur, it is not charged as often as Second Degree Murder. The law has taken into consideration that many homicides are the result of a split second decision and not a planned out event. In the situation above, the man did arrive at the fight armed, but probably not with the explicit intention of killing the girl and her brother.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with 1st or 2nd Degree Murder? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Second Degree Murder Lawyer: What is the Sentence / Punishment for 2nd Degree Homicide?
In Fort Collins, Loveland, and Estes Park, 2nd Degree Murder is a class 2 felony punishable by 16 to 48 years in the Colorado Department of Corrections and up to $1,000,000 in fines. There is, however, an exception an experienced attorney can use to lessen the punishment. If the death was the result of an action performed in a sudden heat of passion, then the 2nd Degree Murder would be charged as a class 3 felony, punishable by 10 to 32 years in the Colorado Department of Corrections.