Denver Murder Lawyer
A murder charge is the most serious accusation the state of Colorado can bring against a person. Everything is at stake: freedom, family, reputation, and the rest of your life. Denver murder lawyer Reid DeChant has handled homicide cases as both a public defender and in private practice, and he understands that the people who face these charges are not abstractions. They are people with stories, and those stories matter in how a case is built and argued.
What Colorado Actually Charges and Why the Distinction Matters
Colorado divides homicide into several distinct charges, and the difference between them is not just semantic. First degree murder requires proof of deliberation and premeditation. Second degree murder applies where prosecutors allege a knowing killing without the planning element. Felony murder is charged when someone dies during the commission of an underlying felony, even without any intent to kill. Manslaughter and criminally negligent homicide occupy lower rungs, though they still carry years in prison.
The charge the district attorney files shapes everything: the available defenses, the evidence prosecutors lean on, the sentencing exposure if convicted. First degree murder in Colorado carries a mandatory sentence of life without parole if tried and convicted. That is not a guideline or a recommendation. It is the floor. Second degree murder carries a sentence range of 16 to 48 years under Colorado’s sentencing scheme. Felony murder, depending on the circumstances, can carry equivalent exposure to first degree murder.
Why this matters to you practically: prosecutors sometimes file the highest possible charge to gain leverage. A charge of first degree murder does not mean the evidence actually supports first degree murder. Defense work often begins by examining what charge the evidence can actually sustain, and whether the facts support reducing or dismissing the most serious allegations.
How Homicide Cases Are Built and Where They Break Down
The Denver District Attorney’s Office prosecutes homicide cases out of the Denver County courthouse on Colfax Avenue. Depending on where the alleged offense occurred, cases may also land in Jefferson County, Adams County, Arapahoe County, or Douglas County, each with its own judges, prosecutors, and jury pool dynamics.
Homicide investigations typically involve months of evidence collection before charges are even filed. Law enforcement will have processed the crime scene, gathered forensic evidence, interviewed witnesses, reviewed surveillance footage, subpoenaed phone records, and constructed a timeline. By the time a person is charged, the government has already built what it believes is a case.
That does not mean the case holds up. Forensic science has real limitations that juries are not always told about. DNA evidence can be misinterpreted or contaminated. Eyewitness identification is notoriously unreliable, particularly across distances, at night, or under stress. Confessions can be coerced or misunderstood. Cell phone location data gets presented with more precision than the underlying technology actually supports. A defense attorney who understands these vulnerabilities can challenge the government’s evidence at every stage, from preliminary hearings through trial.
Reid trained at Trial Lawyers College, where he developed the skills to tell a client’s story to a jury in a way that humanizes them and forces jurors to reckon with the full picture, not just the prosecution’s version. That training is not incidental in homicide cases. It is central to what happens in front of a jury.
Self-Defense and Affirmative Defenses Under Colorado Law
Colorado law recognizes self-defense and defense of others as complete defenses to homicide charges. If a person reasonably believed they were in imminent danger of being killed or seriously injured, and they used force in response to that threat, the law may justify their actions entirely. The prosecution must then disprove self-defense beyond a reasonable doubt once the defense raises it.
Colorado does not have a formal stand-your-ground statute in the same form as some other states, but it does not require a person to retreat before using force in self-defense. The application of self-defense depends heavily on the specific facts: what the person knew at the time, what the threat looked like from their position, and whether the level of force used was proportionate to the perceived danger.
Other potential defenses include lack of identity, meaning the defendant was not the person who committed the act, as well as challenging whether the government can prove the required mental state. In cases involving alleged premeditation, for instance, the defense may argue that the circumstances do not support a finding that the person planned or deliberated before acting. Mental health defenses, including insanity and impaired mental condition, are also available under Colorado law in appropriate circumstances and require their own expert testimony and strategic decisions.
None of these defenses are one-size-fits-all. The strategy that fits one case may be entirely wrong for another. What matters is that the defense is built from the actual facts and the actual evidence, not a template.
Questions People Ask When Facing a Murder Charge
What is the difference between first degree and second degree murder in Colorado?
First degree murder requires proof that the killing was deliberate and premeditated. Second degree murder requires proof of a knowing killing but without evidence of planning or deliberation. The penalties differ significantly, with first degree murder carrying mandatory life without parole upon conviction. Second degree murder carries a sentence in the range of 16 to 48 years.
Can a murder charge be reduced to a lesser offense?
Yes. Charge reductions happen through plea negotiations or through motion practice where the defense demonstrates the evidence does not support the higher charge. A first degree murder charge can sometimes be reduced to second degree murder or manslaughter depending on the evidence. Whether that outcome is available or advisable depends entirely on the specific facts of your case.
What happens if the police say I confessed?
Statements made to law enforcement are frequently challenged. Confessions can be suppressed if Miranda warnings were not properly given, if the interrogation was coercive, or if the statement was obtained in violation of your constitutional rights. Even if a statement is admitted, its meaning, context, and completeness can be contested at trial.
How long does a murder case take to go to trial in Denver?
Homicide cases move slowly. The complexity of the evidence, the number of witnesses, and the scheduling realities of the Denver District Court mean that these cases often take a year or longer from arrest to trial. That time is not wasted from a defense standpoint. It is time to investigate, challenge evidence, depose witnesses, consult experts, and build the defense.
What is felony murder and can I be charged with it even if I did not intend for anyone to die?
Felony murder in Colorado applies when a person dies during the commission of certain underlying felonies, such as robbery, burglary, or sexual assault. Proof of intent to kill is not required for this charge. The prosecution only needs to show that you participated in the underlying felony and that a death resulted. Felony murder carries some of the harshest sentences in Colorado law.
Should I talk to the police if I have been accused of murder?
No. You have the right to remain silent, and you should use it. Anything you say will be analyzed, taken out of context, and used against you. Politely decline to answer questions and ask for an attorney. This applies whether you are being questioned as a suspect, a witness, or simply someone the police want to talk to about an incident.
What role does forensic evidence typically play in homicide cases?
Forensic evidence, including DNA, ballistics, toxicology, and cell phone data, often forms the spine of a homicide prosecution. However, forensic evidence is only as reliable as the methods used to collect, preserve, and analyze it. Defense attorneys can retain independent experts to review the government’s forensic work and challenge findings that are overstated, incomplete, or methodologically flawed.
When You Need Someone Who Will Actually Go to Trial
Reid DeChant has taken cases to verdict in Denver, Adams County, Jefferson County, Arapahoe County, and Douglas County. He has tried DUI cases, assault cases, domestic violence cases, and cases involving serious felony charges. The record of dismissed charges and not-guilty verdicts on his firm’s results page reflects cases that were actually litigated, not just settled away.
Homicide defense requires a lawyer who is not looking for the quickest exit from the case. Some defense attorneys spend their careers avoiding trial. Reid’s background, including his time as a public defender handling the full range of charges from traffic offenses to homicides, and his training at Trial Lawyers College, reflects a different orientation. He prepares every case as though it will go before a jury, because sometimes it has to.
If you are facing a murder charge in Denver or anywhere in the surrounding counties, the first conversation matters. The decisions made early in a case, including what you say to police, what evidence is preserved, and how quickly an independent investigation begins, can shape everything that follows. Reach out to DeChant Law to discuss what you are facing with a Denver homicide defense attorney who will give you an honest assessment of where things stand.