Criminally Negligent Homicide in Colorado
Criminally negligent homicide in Colorado, under C.R.S. 18-3-105, means causing another person’s death through criminal negligence. That is a gross deviation from the care a reasonable person would use, where the person failed to see a substantial and unjustifiable risk. It is a class 5 felony. For offenses on or after July 1, 2020, the presumptive range is 1 to 3 years in prison, followed by 2 years of mandatory parole, plus a possible fine of $1,000 to $100,000.
These cases are different from almost every other criminal charge. Someone has died, and the person accused is usually grieving too. Nobody meant for this to happen. If that is where you or your family is right now, we’re sorry you’re going through this. This page explains what the charge means and where the real questions are.
What "criminal negligence" means
Colorado defines it precisely. A person acts with criminal negligence when, "through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists" (C.R.S. 18-1-501(3)).
Break that into its pieces, because each one is something the prosecution has to prove:
- A substantial and unjustifiable risk. Not a remote or ordinary risk of everyday life, but a significant one with no good reason to take it
- A failure to perceive it. The person did not realize the risk existed
- A gross deviation. Not a small mistake, but a serious departure from what a reasonable person would have done in the same situation
- Causation. The conduct actually caused the death
Ordinary carelessness is not enough. The line between a tragic accident, which may lead to a civil lawsuit but not a crime, and a gross deviation, which is a felony, is where most of these cases are fought.
Criminally negligent homicide vs. manslaughter vs. vehicular homicide
Manslaughter is the more serious charge. The difference comes down to what the person was aware of.
| Comparison | Criminally negligent homicide | Manslaughter | Vehicular homicide |
|---|---|---|---|
| Statute | C.R.S. 18-3-105 | C.R.S. 18-3-104 | C.R.S. 18-3-106 |
| Mental state | Criminal negligence: failed to perceive a substantial and unjustifiable risk | Recklessly: consciously disregarded a substantial and unjustifiable risk | Reckless driving, or driving under the influence (DUI is strict liability) |
| Class | Class 5 felony | Class 4 felony | Depends on the subsection charged |
| Presumptive range, offenses on or after July 1, 2020 | 1 to 3 years, 2 years mandatory parole | 2 to 6 years, 3 years mandatory parole | Depends on class |
| Fine range | $1,000 to $100,000 | $2,000 to $500,000 | Depends on class |
Sources: C.R.S. 18-3-104, 18-3-105, 18-3-106, 18-1-501, 18-1.3-401.
Recklessness means the person saw the risk and went ahead anyway. Criminal negligence means the person should have seen it and did not. Because the two charges differ only in that mental state, the same set of facts can be argued either way. Prosecutors can charge both as alternatives, and the difference between them is a full felony class.
Deaths involving a vehicle are usually charged under the vehicular homicide statute rather than this one. If a vehicle was involved, see our page on Denver vehicular homicide defense. For deaths charged as intentional or knowing, see Denver murder defense.
Examples of situations that can lead to this charge
These are illustrations of the kinds of situations prosecutors sometimes charge as criminally negligent homicide. They are not real cases, and every case turns on its own facts.
- Firearm handling. A person handling a gun they believed was unloaded fires it, and someone is killed
- Supervision of a child. A caregiver leaves a young child in a dangerous situation, such as near water or in a hot car, and the child dies
- Workplace or property hazards. An owner or supervisor ignores a serious hazard, such as unsecured equipment or a structural danger, and someone is killed
- Recreational activities. A death during hunting, climbing, or another activity where safety rules were not followed
In every one of these, the question is not whether something went wrong. It is whether what the person did was a gross deviation from reasonable care, and whether it actually caused the death.
Where these cases are decided: the gray area
Prosecutors approach a death like it has to be someone’s fault, and they present the facts in black and white. In a courtroom, the gray is almost always where the truth is.
Hindsight makes everything look obvious. After a death, every risk looks glaring. The legal question is what a reasonable person would have perceived in that moment, with what they knew then. Rebuilding that moment is where careful preparation matters most: the lighting, the timing, what the person had been told, what they could and could not see.
"Gross" is a real word with real weight. The law separates ordinary negligence from criminal negligence on purpose. A decision that was a mistake is not automatically a gross deviation. Showing a jury or a prosecutor where the line actually sits, through expert testimony, industry standards, or what other reasonable people do every day, can change how the case is viewed.
Causation is not assumed. The state has to prove the conduct caused the death. Medical evidence, intervening events, the actions of other people, and the timeline can all complicate that. A close look at the autopsy, medical records, and scene evidence is part of every serious defense.
The person matters. A felony charge reduces someone to a single moment. The story of who the individual is, what they did after, and the grief they carry is part of how these cases are resolved, including at sentencing if it comes to that.
We prepare every case for trial from the first day, because that preparation is what creates opportunities, whether in negotiations or in front of a jury. It does not guarantee a result. Whether to go to trial is always your decision.
Possible defenses
Defenses depend entirely on the facts. The most common questions a defense examines are:
- No gross deviation. The conduct may have been careless, but not a gross departure from reasonable care
- No substantial and unjustifiable risk. The risk was not one a reasonable person would have recognized as significant
- Causation. Something else caused or contributed to the death
- Identity and responsibility. In situations involving several people, such as a workplace or a group activity, whose conduct actually created the risk
- Constitutional issues. Statements taken without proper warnings, or evidence obtained through an unlawful search
Sentencing: what is actually at stake
Criminally negligent homicide is a class 5 felony. For offenses on or after July 1, 2020, Colorado’s presumptive range for a class 5 felony is 1 to 3 years in prison, with 2 years of mandatory parole, and a fine of $1,000 to $100,000 (C.R.S. 18-1.3-401).
A prison sentence is within that range, but it is not the only possibility under Colorado law. Depending on the facts and the person’s history, alternatives such as probation may be available. Any felony conviction also carries lasting consequences beyond the sentence, for employment, professional licenses, firearm rights, and immigration status.
A civil wrongful death claim by the family is a separate proceeding with its own rules. What is said in one case can affect the other.
What to do right now
- Do not give a statement to investigators before talking to a lawyer. Even people who did nothing wrong can say things in shock and grief that are later used against them
- Do not post about the incident on social media, or discuss it with anyone other than your lawyer
- Preserve evidence: photos, messages, the names of witnesses, and anything showing the conditions at the time
- Get counsel early. Investigations in death cases often start before any charge is filed, and the early decisions can shape everything after
Frequently asked questions
Is criminally negligent homicide a felony in Colorado?
Yes. Criminally negligent homicide is a class 5 felony under C.R.S. 18-3-105. For offenses on or after July 1, 2020, the presumptive sentencing range is 1 to 3 years in prison with 2 years of mandatory parole, and a fine of $1,000 to $100,000.
What is the minimum sentence for criminally negligent homicide in Colorado?
The presumptive range for a class 5 felony starts at one year in prison. A prison sentence is not the only outcome the law allows. Depending on the facts and the person’s record, alternatives such as probation may be possible. An attorney can explain what applies to a specific case.
Which is worse, manslaughter or criminally negligent homicide?
Manslaughter is more serious. It is a class 4 felony, with a presumptive range of 2 to 6 years for offenses on or after July 1, 2020, because it requires recklessness, consciously disregarding a known risk. Criminally negligent homicide is a class 5 felony and involves failing to perceive the risk at all.
What is an example of criminally negligent homicide?
A common illustration is a person handling a gun they believe is unloaded, firing it, and killing someone. Whether that is a crime depends on whether the conduct was a gross deviation from reasonable care. Every case turns on its own specific facts and evidence.
Can you be charged with criminally negligent homicide for an accident?
Yes, if the prosecution believes the accident resulted from a gross deviation from reasonable care. Ordinary carelessness is not criminal negligence. The central question in most of these cases is whether the conduct crossed from an accident into a gross deviation, and that is often where the defense focuses.
What are the defenses to criminally negligent homicide?
Common defenses include that the conduct was not a gross deviation from reasonable care, that the risk was not substantial or foreseeable, that something else caused the death, or that evidence was obtained unlawfully. The right defense depends on the specific facts.
Talk to someone who understands what you’re carrying
A death case is one of the heaviest things a person can face, and it usually comes with grief of its own. You don’t have to figure out the next steps alone.
DeChant Law is a Denver criminal defense trial firm. We work with you, not for you. We’ll explain the charge, what the state has to prove, and what your options are, with no pressure to decide anything on the first call.
Call (303) 409-7500 or contact us online.
This article is for informational purposes only and is not legal advice. Every case is different. If you are facing charges in Colorado, talk to a criminal defense attorney about your specific situation.
