James Holmes has been charged with 24 counts of first degree murder.

The 24-year-old is accused of killing 12 people, two counts for each, and injuring 58 during the movie theatre massacre in Aurora, Colorado on July 20.

Holmes was also charged with 116 counts of attempted murder, two for each of the 58 injured during the heinous shooting spree.

The murder and attempted murder counts have been split into two categories to give prosecutors two options to get convictions.

Holmes appeared in court still sporting his bright red hair and spoke for the first time simply saying "yes" when the judge asked him if he was ok with his attorneys requesting more time before the preliminary hearing.

The former PhD student has now been charged with a total of 142 counts including an unlawful use of a deadly weapon and one count of possessing an explosive device.

Prosecutors have not yet decided if they are going to seek the death penalty for Holmes who had opened fire during a midnight showing of The Dark Knight Rises.

Holmes is next due in court on August 9.