Neighborly disputes are not an uncommon occurrence. However, only a few of these disputes become criminal episodes. In Boulder this past weekend, an argument between neighbors took a serious turn when one neighbor ended up with a bullet in his butt. According to the news report, a younger man was angry that his older neighbor was leaving pounds of peanuts all around his yard for the squirrels. The two exchanged words and the squirrel-loving peanut sharer ended up shooting the younger man in the buttocks. To his credit, he did immediately dial 911 after and get the man medical help, stating pretty clearly that he had shot his neighbor. The shooter is being charged with Attempted Second Degree Murder and Assault.
Larimer County Attempted 2nd Degree Murder Attorney: What is the Definition?
The Colorado law definition of C.R.S. 18-3-103 – Murder in the Second Degree – is:
In reading that definition, it becomes obvious that this definition alone does not meet the elements of the man’s actions mainly because no one died. However, by adding the Attempt, this crime could apply.
In Larimer, Boulder, and Grand County, the definition of Criminal Attempt – C.R.S. 18-2-101 – is:
In essence, Attempt can be added to any crime if a person took a ‘substantial step’ toward committing the crime. With the story above, the man shot another man, which could have caused his death. Because no death occurred, the shooting can be considered step toward committing a murder, which is why the man was charged with Attempted Second Degree Murder.
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Fort Collins Attempted Murder in the Second Degree Attorney: What is the Sentence / Punishment?
Second Degree Murder is a class 3 felony when the act is committed in the heat of passion. The fight between the two neighbors was probably a highly provoking act that precipitated the man’s action to shoot. When Attempt is added to a crime in Fort Collins, Loveland, and Estes Park, it generally lowers the felony or misdemeanor level by one. With the neighbor shooting, the man would have faced a class 3 felony if the neighbor had died, but because he didn’t and was charged with Attempted Second Degree Murder, he would be facing a class 4 felony – crime of violence. This level felony is punishable by 4 to 12 years in the Colorado Department of Corrections.