What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for 18-3-104 Colorado
3. Contact an experienced attorney
When you are charged with 18-3-104 Colorado, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-3-104 18-3-104 Colorado
See below to read the law pertaining to § 18-3-104 18-3-104 Colorado
Reference the definitions from § 18-3-104 for details on the terminology
Decker & Jones will help you understand how the law pertains to your case
§ 18-3-104
(1) A person commits the crime of manslaughter if:
(a) Such person recklessly causes the death of another person; or
(b) Such person intentionally causes or aids another person to commit suicide.
(c) Deleted by Laws 1996, H.B.96-1087, § 13, eff. July 1, 1996.
(2) Manslaughter is a class 4 felony.
(3) This section shall not apply to a person, including a proxy decision-maker as such person is described in section 15-18.5-103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.
(4)(a) This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.
(b) For purposes of this subsection (4):
(I) “Agent” means a person appointed to represent the interests of the terminally ill patient by a medical power of attorney, power of attorney, health-care proxy, or any other similar statutory or regular procedure used for designation of such person.
(II) “Medical caregiver” means a physician, registered nurse, nurse practitioner, physician assistant, or anesthesiologist assistant licensed by this state.
(III) “Palliative care” means medical care and treatment provided by a licensed medical caregiver to a patient with an advanced chronic or terminal illness whose condition may not be responsive to curative treatment and who is, therefore, receiving treatment that relieves pain and suffering and supports the best possible quality of his or her life.
(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a medical caregiver to assist in the suicide of the patient.
§ 18-3-101 Definitions
As used in this part 1, unless the context otherwise requires:
(1) “Homicide” means the killing of a person by another.
(2) “Person”, when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act.
(2.5) One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.
(3) The term “after deliberation” means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.
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