In Colorado, not every accident results in criminal charges—but some do. Criminal negligence arises when a person fails to perceive a substantial and unjustifiable risk, and that failure represents a gross deviation from how a reasonable person would act in the same situation. When such conduct causes injury or death to another person, Colorado law allows prosecutors to pursue criminal charges rather than treating the incident as a civil matter.
At Wolf Law in Denver, we defend individuals facing criminal negligence allegations in serious Colorado criminal cases, including negligent homicide, vehicular homicide, and other offenses that can carry felony charges and lengthy prison sentences. These cases often turn on subtle factual distinctions, expert interpretation, and how prosecutors attempt to characterize an accident as criminal conduct.
Wolf Law is proud to serve clients across Colorado with experienced, compassionate criminal defense built on teamwork, strategy, and courtroom excellence. Jeff Wolf and Colleen Kelley work side by side to lead the firm’s criminal defense practice, combining decades of trial experience and a shared commitment to protecting clients’ rights and futures. Known for his clear legal insight and national commentary on high-profile criminal cases, Jeff Wolf brings strategic perspective and thought leadership, while Colleen Kelley adds extensive courtroom experience and a steady, client-focused approach to complex criminal cases involving serious allegations. Together, they reflect Wolf Law’s collaborative, client-centered approach to defending individuals at every stage of the criminal justice process.
What Is Criminal Negligence Under Colorado Law?
Under Colorado law, criminal negligence occurs when:
- A person fails to perceive a substantial and unjustifiable risk, and
- The failure constitutes a gross deviation from the standard of care that a reasonable person would observe in the same situation
This definition distinguishes criminal negligence from ordinary negligence found in most personal injury cases.
Criminal Negligence vs. Civil Negligence
Civil Negligence (Personal Injury Cases)
Most personal injury cases involve civil negligence, where a plaintiff must prove:
- The defendant owed a duty
- The defendant’s breach of that duty
- Proximate cause
- Injury and damages
Civil claims focus on compensation for medical expenses, lost wages, emotional distress, economic damages, and non-economic damages.
Criminal Negligence
Criminal negligence goes further. It involves conduct amounting to more than a simple mistake or failure. Prosecutors must prove the defendant’s actions showed a gross deviation from reasonable behavior and created an unjustifiable risk to another person.
When Accidents Become Criminal Offenses
An accident may become a criminal offense when evidence shows:
- The defendant failed to perceive a substantial risk
- The risk was obvious to a reasonable person
- The conduct caused serious injury or death
- The defendant’s conduct went beyond ordinary carelessness
Common examples include serious car accidents involving unsafe driving behavior.
Criminal Negligence in Motor Vehicle Cases
Many criminal negligence cases involve a motor vehicle. Situations may include:
- Running a red light or traffic light
- Driving while impaired by one or more drugs
- Driving in a reckless manner
- Failing to maintain sufficient physical control
- Speeding through intersections
A driver’s failure to recognize obvious dangers may lead to felony charges if another person is injured or killed.
Criminally Negligent Homicide and Vehicular Homicide
Criminally Negligent Homicide
Criminally negligent homicide occurs when a person causes the death of another person through criminal negligence. This offense can result in a felony conviction and significant prison exposure.
Vehicular Homicide
Vehicular homicide may be charged when a driver causes death while operating a vehicle in a reckless manner or while under the influence. These cases often involve aggressive prosecution and severe penalties.
How Criminal Negligence Differs From Gross Negligence
While gross negligence often appears in civil claims involving punitive damages, criminal negligence focuses on:
- The defendant’s failure to perceive risk
- Whether a reasonable person would have recognized the danger
- Whether the conduct represented a gross deviation
Intentional actions are not required, but the conduct must be more than a simple error.
What Prosecutors Must Prove
To obtain a conviction, prosecutors must prove beyond a reasonable doubt:
- The defendant committed an act or omission
- The act created a substantial and unjustifiable risk
- The defendant failed to perceive that risk
- The failure caused injury or death
- The conduct was a gross deviation from reasonable care
Evidence may include accident reconstruction, witness testimony, physical evidence, and expert opinions.
Criminal Charges That May Apply
Depending on the facts, criminal negligence may lead to charges such as:
- Negligent homicide
- Criminally negligent homicide
- Vehicular homicide
- Other felony charges involving violent crimes
Some cases may escalate to allegations of second degree murder if prosecutors argue extreme conduct.
Criminal vs. Civil Liability in the Same Case
A single accident may result in both:
- Criminal prosecution in Colorado courts, and
- Civil claims for compensation
Colorado’s modified comparative negligence rules apply in civil cases, but they do not limit criminal liability.
Penalties and Consequences
A conviction may result in:
- Jail or prison time
- A permanent criminal record
- Probation
- Fines
- Loss of driving privileges
Felony convictions can affect employment, housing, and future opportunities.
Defending Criminal Negligence Charges
Effective defense strategies may involve showing:
- The defendant acted reasonably under the circumstances
- The risk was not substantial or unjustifiable
- Another factor caused the accident
- Insufficient evidence of gross deviation
- Lack of proximate cause
Every case depends on evidence, facts, and how the prosecution frames the defendant’s conduct.
Why These Cases Require Immediate Legal Defense
Criminal negligence cases move quickly and often involve complex evidence. Statements made early can significantly impact the outcome. Facing criminal charges without legal guidance can result in severe consequences.
Speak With a Denver Criminal Defense Attorney
If you are facing criminal charges for criminal negligence in Colorado, your future may depend on how your case is handled from the beginning. These cases are serious and require experienced legal representation.
Wolf Law, based in Denver, Colorado, defends individuals accused of criminal negligence, negligent homicide, vehicular homicide, and related offenses. We analyze evidence, challenge weak assumptions, and protect your rights at every stage.
Call 720.479.8574 today to schedule a free consultation with Wolf Law.
