Criminal Homicide vs Wrongful Death in Colorado

Losing a loved one is devastating. When that loss is caused by another’s negligence, families often face complex legal questions. Understanding the difference between criminal homicide and wrongful death is critical. Our Colorado wrongful death attorneys explain how these cases differ in purpose, process, and outcome.

Criminal Homicide Versus Wrongful Death

Criminal homicide, constituting the unlawful act of one person causing the death of another without legal justification, is recognized as a crime under both Colorado state and federal law. It manifests in three distinct categories:

• First-Degree Murder: Involving the intentional killing of another human being, punishable by death or mandatory life imprisonment without parole.
• Second-Degree Murder: Encompassing deaths occurring during specific criminal activities, carrying a penalty of mandatory life imprisonment without parole.
• Manslaughter: Entailing a death caused by the reckless conduct of an individual.

Criminal homicide charges are prosecuted by the State of Colorado through public prosecution, with potential penalties including imprisonment, probation, and monetary fines. The burden of proof rests on the state to establish the defendant’s guilt beyond a reasonable doubt, potentially resulting in severe penalties, including life imprisonment or the death penalty.

In contrast, wrongful death represents a civil matter initiated by the victim’s family and their legal representative. The state, not the family, instigates criminal homicide cases, although the family may act as witnesses. In a wrongful death lawsuit, if the defendant is found liable for the victim’s death, the court may order compensation for the family, devoid of criminal penalties.

Wrongful death typically arises from the negligence of the at-fault party, wherein the responsible party did not intend harm. This contrasts with most homicide cases, which involve intentional or reckless actions leading to the demise of the victim.

Overlap of Homicide and Wrongful Death

Instances may arise where an individual faces both homicide charges in criminal court and a wrongful death lawsuit in civil court simultaneously. The outcomes of these cases are independent of each other, allowing for potential divergences in verdicts. For example, if an intoxicated driver kills your loved one and is charged with vehicular homicide, you have the right to file a wrongful death lawsuit. As a result, the driver could be involved in a homicide case in criminal court and a wrongful death case in civil court. The outcome of one case will not necessarily affect the outcome of the other. If the driver is found innocent in criminal court, for example, the victim’s family may still be able to prove he was liable in civil court in order to recover compensation.

Real-World Examples

Example 1: Drunk Driving Accident
A drunk driver who causes a fatal crash may be prosecuted for vehicular homicide. At the same time, the victim’s family can file a wrongful death claim to recover compensation for funeral expenses, lost income, and emotional suffering.

Example 2: Medical Malpractice
A doctor who ignores accepted medical practices and causes a patient’s death may not face homicide charges. However, the family could bring a wrongful death claim for negligence to hold the doctor accountable.

Colorado Wrongful Death Statute

The Colorado wrongful death statute delineates the eligibility and time limits for filing a claim. The surviving spouse holds the exclusive right to file a claim in the first year after the death, with both the surviving spouse and surviving children permitted to file during the second year. Damages for economic losses are recoverable, with noneconomic damages capped in Colorado.

Felonious Killing

The damages cap for noneconomic losses is exempted in cases of “felonious killing,” defined as a killing for which the individual is convicted of murder or manslaughter. A felonious killing, “…is the killing of the decedent by any individual who, as a result thereof, is convicted of, pleads guilty to, or enters a plea of nolo contendere to the crime of murder in the first or second degree or manslaughter,” as the crimes are defined in C.R.S. § 18-3-102 to C.R.S. § 18-3-104.  A criminal conviction is not a prerequisite for establishing felonious killing, allowing for independent determinations by the court.

Reckless Conduct Resulting in Death

Recklessness, involving the conscious disregard of substantial and unjustifiable risks, may lead to criminal charges. This necessitates a thorough examination of specific circumstances, with the court determining whether the conduct represents a gross deviation from the standard of care. A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur.  Case law explains, the inquiry is whether the at-fault party caused the death of the decedent by acting in a manner that involves a substantial and unjustifiable risk of death of the victim, and although the actor is conscious of the risk, he…nevertheless chooses to engage in the action.”

A risk does not have to be “more likely than not to occur” or “probable” in order to be substantial.  A risk may be substantial even if the chance the harm will occur is well below fifty percent. Whether a risk is substantial is a matter of fact that will depend on the specific circumstances of each case.  For instance, driving a car is not conduct that by its nature necessarily involves a substantial risk of death to others, but after viewing the facts of a particular case closely a court may determine that the defendant created a substantial risk of death. A court cannot generically characterize the actor’s conduct (e.g., driving a truck) in a manner that ignores the specific elements of the conduct that create a risk (e.g., driving a truck with failing brakes on a highway).  The concept of a “substantial and unjustifiable risk” implies a risk that constitutes a gross deviation from the standard of care a reasonable law-abiding person would exercise under the circumstances.

In addition to showing a person created a substantial and unjustifiable risk, the at-fault party must have “consciously disregarded” the risk.  A person acts with a conscious disregard of the risk when he or she is aware of the risk and chooses to act despite that risk. A court or trier of fact may infer a person’s subjective awareness of a risk from the particular facts of a case, including the person’s particular knowledge or expertise.  Only a “slight risk of death” to another person is necessary to meet this element.

Frequently Asked Questions: Homicide vs. Wrongful Death

Can someone be acquitted of homicide but still found liable for wrongful death?
Yes. Criminal and civil cases are separate matters. Even if a defendant is acquitted of homicide in criminal court, surviving family members may still succeed in a wrongful death claim in civil court, which requires a lower burden of proof.

What is the burden of proof in a wrongful death case versus a homicide case?
In a homicide case, the prosecution must prove guilt “beyond a reasonable doubt,” which is the highest legal standard. In a wrongful death case, the plaintiff must prove liability by a “preponderance of the evidence,” meaning it is more likely than not that the defendant caused the death.

Does intent matter in wrongful death versus homicide?
Yes. Most homicide charges involve intentional or reckless conduct. Wrongful death claims, however, typically arise from negligence, where the defendant did not intend to cause harm but failed to exercise reasonable care.

Contact our Colorado Wrongful Death Attorneys

If you’ve lost a loved one in Colorado, the wrongful death attorneys at Bowman Law can explain your rights and guide you through every step of the legal process. Wrongful death cases can be complex, but our team has years of experience handling these claims. Call Bowman Law today at 720.863.6904 or email us for your free consultation.