Vehicular Homicide defense in Fremont County, Colorado

It depends on the theory charged. Under C.R.S. 18-3-106, vehicular homicide based on driving under the influence is a class 3 felony and a strict-liability offense, meaning the prosecution does not have to prove the driving caused the death through negligence. Vehicular homicide based on reckless driving is a class 4 felony. A class 3 felony carries a presumptive four to twelve years and three years of mandatory parole; a class 4 felony carries two to six years and three years of parole. The DUI-based version is treated as a serious violent offense at sentencing.

Vehicular Homicide cases in Fremont County are handled by the Fremont County Combined Court, which sits in the 11th Judicial District. As a combined court, it hears both county-court and district-court matters.

Vehicular Homicide charges in Fremont County are prosecuted by the 11th Judicial District Attorney's Office, the elected District Attorney for the 11th Judicial District.

Fremont County falls within the 11th Judicial District, and Vehicular Homicide cases there are heard in the Fremont County Combined Court.

For DUI-based vehicular homicide, a class 3 felony under C.R.S. 18-3-106, the mandatory parole period is three years under C.R.S. 18-1.3-401. For the reckless-driving version, a class 4 felony, mandatory parole is also three years. Some older materials list five years of mandatory parole for these offenses; that figure reflects an earlier sentencing scheme and is not current. Mandatory parole is served after the prison term and cannot be waived by the court or the defendant, though the parole board can discharge a person early once statutory conditions are met.

Right Law Group's guide explains: "Second-degree murder charges typically involve reckless killings or those committed without premeditation. There is a wide sentencing range – between 16 and 48 years in prison for adults. Criminally negligent homicide leading to death can be charged as manslaughter."