Podcast
Questions and Answers
What defines 'proximate cause' in the context of injury or death?
What defines 'proximate cause' in the context of injury or death?
What is the range of imprisonment for DUI vehicular homicide if aggravation is found by the jury?
What is the range of imprisonment for DUI vehicular homicide if aggravation is found by the jury?
Which type of assault is classified as a felony of the fourth degree?
Which type of assault is classified as a felony of the fourth degree?
What constitutes 'serious bodily injury'?
What constitutes 'serious bodily injury'?
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Which of the following accurately defines 'deadly weapon'?
Which of the following accurately defines 'deadly weapon'?
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What type of assault can be classified as an F3 felony?
What type of assault can be classified as an F3 felony?
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What is described as 'deadly physical force'?
What is described as 'deadly physical force'?
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Who qualifies as a 'peace officer'?
Who qualifies as a 'peace officer'?
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What was the result of the defendant's action in the bar altercation described in Fact Pattern #8?
What was the result of the defendant's action in the bar altercation described in Fact Pattern #8?
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What crime is committed by the defendant in Fact Pattern #9?
What crime is committed by the defendant in Fact Pattern #9?
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In the scenario from Fact Pattern #10, what was the BAC of the defendant at the time of the accident?
In the scenario from Fact Pattern #10, what was the BAC of the defendant at the time of the accident?
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What was the consequence of the defendant's behavior towards the police in Fact Pattern #11?
What was the consequence of the defendant's behavior towards the police in Fact Pattern #11?
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What injury did the driver from the other car suffer in the incident described in Fact Pattern #10?
What injury did the driver from the other car suffer in the incident described in Fact Pattern #10?
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What does it mean to act 'intentionally' or 'with intent' in a legal context?
What does it mean to act 'intentionally' or 'with intent' in a legal context?
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Which statement best describes acting 'recklessly'?
Which statement best describes acting 'recklessly'?
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What defines 'criminal negligence'?
What defines 'criminal negligence'?
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What is a requirement for first-degree murder?
What is a requirement for first-degree murder?
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Which of the following is NOT a theory of first-degree murder?
Which of the following is NOT a theory of first-degree murder?
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How is 'knowingly' defined in legal terms?
How is 'knowingly' defined in legal terms?
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What differentiates first-degree murder from second-degree murder?
What differentiates first-degree murder from second-degree murder?
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Which scenario exemplifies a person acting 'knowingly'?
Which scenario exemplifies a person acting 'knowingly'?
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What is the penalty range for second degree murder performed in the heat of passion?
What is the penalty range for second degree murder performed in the heat of passion?
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Which crime involves reckless actions leading to the death of another person?
Which crime involves reckless actions leading to the death of another person?
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What is the classification of criminally negligent homicide?
What is the classification of criminally negligent homicide?
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Under what circumstances can vehicular homicide be committed?
Under what circumstances can vehicular homicide be committed?
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Which of the following crimes are not classified as a crime of violence?
Which of the following crimes are not classified as a crime of violence?
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What is the maximum penalty range for manslaughter if aggravating factors are found?
What is the maximum penalty range for manslaughter if aggravating factors are found?
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What does 'strict liability' mean in the context of vehicular homicide?
What does 'strict liability' mean in the context of vehicular homicide?
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Which scenario would likely lead to a class 2 felony instead of second degree murder?
Which scenario would likely lead to a class 2 felony instead of second degree murder?
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What is the maximum potential penalty for First Degree Kidnapping if the person kidnapped suffers bodily injury?
What is the maximum potential penalty for First Degree Kidnapping if the person kidnapped suffers bodily injury?
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Which of the following actions constitutes First Degree Kidnapping?
Which of the following actions constitutes First Degree Kidnapping?
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What level of felony is menacing if it involves a deadly weapon?
What level of felony is menacing if it involves a deadly weapon?
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Which of the following is true about the penalties for Second Degree Kidnapping?
Which of the following is true about the penalties for Second Degree Kidnapping?
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In which scenario does First Degree Kidnapping become a Class F2 felony?
In which scenario does First Degree Kidnapping become a Class F2 felony?
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What is the maximum penalty for False Imprisonment?
What is the maximum penalty for False Imprisonment?
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What does menacing imply in terms of legal consequences?
What does menacing imply in terms of legal consequences?
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Which of the following describes Second Degree Kidnapping?
Which of the following describes Second Degree Kidnapping?
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How long can penalties for vehicular assault with DUI aggravation range up to?
How long can penalties for vehicular assault with DUI aggravation range up to?
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What is an F4 classification assigned to in terms of penalties?
What is an F4 classification assigned to in terms of penalties?
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What distinguishes assault in the first degree committed under sudden heat of passion?
What distinguishes assault in the first degree committed under sudden heat of passion?
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Which category of assault is considered a crime of violence?
Which category of assault is considered a crime of violence?
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What is the maximum sentence range for first degree assault not involving heat of passion?
What is the maximum sentence range for first degree assault not involving heat of passion?
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What constitutes a second degree assault according to the law?
What constitutes a second degree assault according to the law?
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Which action is NOT classified as second degree assault?
Which action is NOT classified as second degree assault?
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Which scenario constitutes the reckless causing of serious bodily injury in second degree assault?
Which scenario constitutes the reckless causing of serious bodily injury in second degree assault?
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What does 'serious bodily injury' imply in the context of assault charges?
What does 'serious bodily injury' imply in the context of assault charges?
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What intent is necessary for a person to commit second degree assault when injuring a peace officer?
What intent is necessary for a person to commit second degree assault when injuring a peace officer?
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How is intentional infliction of injury by administering a drug categorized in assault laws?
How is intentional infliction of injury by administering a drug categorized in assault laws?
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What is the classification for a person who causes substantial bodily injury with intent in a second degree assault?
What is the classification for a person who causes substantial bodily injury with intent in a second degree assault?
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Study Notes
Crimes Against the Person
- Focuses on homicides, assaults, and kidnappings
- Presenter is Matthew Wenig, Senior Chief Deputy District Attorney
- Contact information included (email, phone number)
Culpable Mental States
- Every crime needs both an act and a mental state
- "Culpable mental state" means intentionally, with intent, knowingly, willfully, recklessly, or with criminal negligence (as defined in the code)
Intentionally or With Intent
- Specific intent: The actor's conscious objective is to cause the result the statute describes.
- The actual outcome is irrelevant
Knowingly or Willfully
- General intent: The actor is aware of the conduct or circumstance.
- Aware that the conduct will practically cause the result.
Recklessly
- Consciously disregard of a substantial and unjustifiable risk that a result will occur or a circumstance will exist.
- Aware of the risk and disregard it.
Criminal Negligence
- Gross deviation from the standard of care a reasonable person would exercise.
- Failure to perceive a substantial and unjustifiable risk.
- Doesn't know the risk, should have known.
Homicide
- Various types: First-degree murder, second-degree murder, manslaughter, criminally negligent homicide, vehicular homicide.
- Heat of passion (HOP) will be discussed.
First-Degree Murder Theories
- With intent and after deliberation
- Murder by perjury
- Extreme indifference
- Drugs + Minor + Death
- Child murder (specific position of trust)
Murder in the First Degree (FI)
- After deliberation and with the intent to cause death of another person
- Deliberate and intentional murder
After Deliberation and With Intent
- Includes reflection and judgment, not hasty or impulsive actions
Intentional and Deliberate Murder: Examples
- Case examples: People v. David Robredo and People v. Dwan West
First-Degree Murder – Perjury
- Procuring the conviction and execution of an innocent person through perjury or subornation of perjury
First-Degree Murder - Extreme Indifference
- Shows an attitude of universal malice and extreme indifference to human life
- Knowingly engages in conduct causing a grave risk of death to another.
First-Degree Murder - Sale of Drugs to Minor
- Unlawful distribution of a controlled substance to a minor on school grounds
- Death of the minor caused by the ingested substance.
First-Degree Murder - Child Murder
- Knowingly causing the death of a child under age 12.
- Perpetrator in a position of trust
Position of Trust Defined
- Includes parents, guardians, and individuals responsible for care
- Includes foster care, family care, child care, institutional care
- Doesn't matter how brief the act or relation, applicable at the time of the unlawful act
Child Murder Cont'd
- Mental state is knowingly, not intentionally
- Case examples: Child starvation cases and People v. Berry
Penalty for First-Degree Murder
- Only one option: Life imprisonment without the possibility of parole
Second-Degree Murder (F2)
- Knowingly causing the death of another person.
- Diminished responsibility due to self-induced intoxication is not a defense to second-degree murder but is a defense to first-degree murder
Murder in the Second Degree (Cont'd)
- Felony murder: committed during a felony (arson, robbery, burglary, kidnapping, sexual assault, sexual assault on a child or felony escape).
- Death of a non-participant, during commission or escape.
Murder in the Second Degree (Cont'd)
- Affirmative defense: Defendant not the sole perpetrator, not the one who committed homicide act, not armed with a deadly weapon, didn't plan for homicide of others. (and no reason to believe other party intended violence resulting in death.)
Different Kinds of Assault
- First-degree Assault (F3)
- Second-degree Assault (F4)
- Third-degree Assault (MI)
- Vehicular Assault (F3 or F4)
Assault - Definitions
- "Firefighter" includes officers and members of volunteer and paid fire departments. Includes municipal and quasi-municipal corporations of The State
Assault - Definitions, Cont'd
- "Peace Officer" includes police officers, undersheriffs, deputy sheriffs, Colorado State patrol, marshals, security officers employed by higher education.
- "Serious Bodily Injury" (SBI). Actual injury and substantial risk of death, etc. Includes fractures, burns, knife wounds or gunshot wounds (SBI)
Assault Definitions, Cont'd
- "Bodily Injury": Physical pain, illness, impairment of physical or mental health.
- "Deadly Weapon": Firearm (loaded or unloaded), knife, bludgeon, or other device/material capable of causing/intended to cause death or great bodily injury.
Assault Definitions, Cont'd
- "Deadly physical force": Intended, natural, and probable result is death.
- "Peace officer or firefighter engaged in the performance of duties": Officer or firefighter performing authorized duties, regardless of compensation or volunteer status.
Assault in the First Degree (F3)
- With intent to cause serious bodily injury, causes SBI by a deadly weapon.
- Intent to disfigure permanently or destroy/disable a body part, causes such injury.
Assault in the First Degree, Cont'd
- Extreme indifference to human life, creates a grave risk of death, causes SBI (serious bodily harm).
Assault in the First Degree, Cont'd
- Intent to cause serious bodily harm to a peace officer or firefighter, while using a deadly weapon; officer/firefighter knows or should know the victim's role. (Same as above, but applied specifically to a sworn officer).
- Judge or officer of court threatened with a deadly weapon.
- Person lawfully confined or in custody, while threatening with a deadly weapon, a person in a detention facility.
Assault in the First Degree, Cont'd
- Sudden heat of passion, caused by a serious, highly provoking act of the intended victim. Happens without significant delay.
Penalties for First-Degree Assault
- First-degree assault (no "heat of passion" involved): Class 3 felony (10-32 years)
- First-degree assault ("heat of passion" involved): Class 5 felony (2 1/2-8 years)
Assault in the Second Degree (F4)
- Intent to cause bodily injury to another person, causing such injury with a deadly weapon
- Prevent a peace officer, firefighter, etc., from performing duties (intent/intent).
Assault in the Second Degree, Cont'd
- Recklessly causes serious bodily injury (SBI) with a deadly weapon
- Intentionally (medical or other treatment) causes mental or physical harm with a drug/substance.
- Lawfully confined/in custody; violently applying force to a peace officer, firefighter, judge, employee of a detention facility; purpose is harming the employee.
- (i) Intent to cause bodily harm, restricting/impede breathing/circulation, by applying pressure to throat or nose/mouth
Assault in the Second Degree, Cont'd
- Sudden heat of passion (no significant interval between provocation and injury); caused by a serious, highly provoking act of the intended victim. (Affects reasonable person)
Penalties for Second-Degree Assault
- Second-degree assault (no "heat of passion" involved): 2-6 years, 5-16 years DOC (possible)
- Second-degree assault ("heat of passion" involved): Class 6 felony
Assault in the Third Degree (MI)
- Recklessly or knowingly causes bodily injury to another person, using a deadly weapon.
- intent to harass, annoy, threaten, or alarm another person (officer, fireman or other specified employee).
Vehicular Assault (F4 or F5)
- Reckless driving causing SBI to another.
- Under the influence of alcohol/drugs causing SBI to another.
Vehicular Assault, Cont'd
- Proximate cause and strict liability issues are similar to vehicular homicide (no intent needed, just reckless manner).
Penalties for Vehicular Assault
- Impaired/DUI: Class 4 felony (2-6 years DOC, up to 12 years with aggravation)
- Reckless: Class 5 felony (1-3 years DOC, up to 6 years with aggravation)
Menacing
- Threat (verbal or physical) of imminent serious bodily harm.
- Representation of deadly weapon (firearm, knife, or bludgeon.)
Kidnapping
- First-degree: Forcibly taking someone from one place to another.
- Intent to force the victim/others to give up something of value in return for release.
First-Degree Kidnapping, Cont'd
- Other acts (enticement, persuasion, or confinement) in place of carrying/seizing.
- Bodily Injury to Victim: First-degree kidnapping (FI)
- No bodily injury to Victim: Second-degree kidnapping (F2)
Penalties for First-Degree Kidnapping
- First-degree: Life imprisonment
- Second-degree: 8-24 years (possible up to 48 years with aggravation)
Second-Degree Kidnapping
- Knowingly seizing or carrying another person without consent.
- Taking a person under 18 (without consent, intent to keep/conceal from family, or to sell/trade).
False Imprisonment (M2)
- Knowingly confining or detaining another without legal authority.
- No liability if a peace officer acts in good faith in their duties.
- Felony if more than 12 hours.
Enticement of a Child (F3 or F4)
- Inviting or persuading a minor under 15 to a place to have unlawful sexual contact or assault.
- Prior conviction for the same crime, or bodily injury to the victim can affect penalties.
Quiz Cases
- Presented case studies involving various crimes and possible legal scenarios.
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Description
Test your knowledge on key concepts related to criminal law, particularly in the context of injury and vehicular homicide. This quiz covers definitions, types of assaults, and legal nuances surrounding serious bodily injury and peace officers. Dive into practical scenarios to enhance your understanding of legal principles.