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- posted: Jun. 06, 2023
- Criminal Defense
In the heat of the moment, when emotions are running high, individuals sometimes do things they regret. While such behavior is often embarrassing but harmless, in certain situations, heightened emotions can give rise to criminal behavior. This type of crime is often referred to as a crime of passion.
Crimes of passion are those crimes that are committed as a result of emotional reaction or provocation, and without premeditation or planning. In some situations, a crime of passion may be treated as a lesser crime than similar conduct that occurs with forethought or planning. For example, an act of passion that causes death might be charged as manslaughter rather than murder. In Colorado, a murder committed in the heat of passion is one where the defendant experienced a “serious and highly provoking act […] sufficient to excite an irresistible passion in a reasonable person.” Additionally, a crime of passion must occur quickly after the provocation. If a defendant has a day or two after the provocation to “cool off,” a court may find that any criminal act taken in response is not a crime of passion but a deliberate act.
In Colorado, if someone is killed in a crime of passion, the murder is treated as second-degree murder, but subject to less harsh punishments than other types of second-degree murder. Second degree murder is a class 2 felony, but crimes of passion are class 3 felonies, which means a criminal defendant is subject to four to 16 years in prison, followed by five years of mandatory parole, and fines between $3,000 and $750,000. If a murder is found to be knowingly committed, but not a crime of passion, the punishment rises to between 16 and 48 years in prison and fines of up to one million dollars.
Self-defense may be a possible justification for a defendant’s actions where the provocation experienced was a threat of harm to life or safety. If you’re uncertain whether self-defense may apply in your circumstances, you may want to speak to a Colorado criminal defense attorney to help evaluate the circumstances of your situation.
At the Polansky Law Firm, our defense attorneys have extensive experience working with individuals who have been charged in a wide array of criminal matters. If you have questions about charges you may be facing, please call our Boulder office at 303-415-2583 or contact us online anytime.
