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Prohibited Use of Weapons, C.R.S. 18-12-106

Common Ways Prohibited Use of Weapons is Charged in Arapahoe County

I have discussed in previous blogs the number of ways a person can get in trouble for Prohibited Use of Weapons. Now I want to focus on the two most common way people are charged with this serious class 2 misdemeanor in Arapahoe and Douglas County. They are:accidental discharge of a firearm and consuming alcohol while in the possession of a firearm.

Prohibited Use of Weapons, C.R.S. 18-12-106 - A Strong Criminal Defense is Needed in Colorado

Lawyer-Prohibited-Use-Weapo.jpgHow Can a Person Get Charged with Prohibited Use of Weapons In Arapahoe County?

There are several ways a person can get into trouble for Prohibited Use of Weapons in Aurora, Colorado and find oneself in front of an Arapahoe County judge. Some parts of this statute are more commonly seen than others, but there are essentially five different ways to get charged with this crime anywhere in Colorado. They are; aiming a firearm at another person, discharging a firearm or arrow recklessly or with criminal negligence, setting an explosive trap and leaving it unattended, being in possession of a firearm while under the influence of alcohol or controlled substance, or the illegal use of throwing stars and nunchakus. Although the illegal use of throwing stars and nunchaku is the least common way to get charged with Prohibited use of Weapons, you should know that this statute also deals with the proper transportation of these weapons.

Prohibited Use of a Weapon Lawyer in Arapahoe County and Denver - Guns and Alcohol Are a Problem

Prohibited-Weapon-Use.jpgDrinking and Prohibited Use of a Weapons Attorney in Denver

With the advent of CCW concealed carry laws, has come a rise in charges for Prohibited Use of a Weapon in Denver. Why? Because firearms and guns are with men and women 24/7. That is the idea, right? Keep a pistol on your waistband or in your purse, in case trouble arises. Naturally, the gun becomes a part of your everyday existence, and at some point you forget you have it with you. I've seen people accidently carry their gun into the airport and through security, where it is found. Another common issue is people taking their guns into bars. While that is not legally a problem, once they start drinking, they move toward a prohibited area. Quickly, they cross the line from legal to illegal.

Prohibited Use of Weapons Lawyer in Denver and Arapahoe County

Prohibited-Use-Weapons-Lawy.jpgCommon Ways to be Charged with Prohibited Use of Weapons in Denver

Men and women are most likely to be charged with the crime of Prohibited Use of Weapons under two scenarios: 1) possession a gun while under the influence of alcohol and 2) discharging a gun accidently in a house or apartment. The gun and alcohol cases rarely involve a discharge of the gun. In the second class of cases, we see the gun fire but no one is injured. In many case, we see the bullet pass through a wall and end up in an adjacent dwelling. Although no one suffers serious bodily injury in these cases, the accused will face charges of Prohibited Use of Weapons, C.R.S. 18-12-106 (b) or (d). In most cases, Prohibited Use of Weapons is a class 2 misdemeanor, with the possibility of a sentence to the Arapahoe County Jail. Read more on Prohibited Use of Weapons charges.

Illegal Discharge of a Firearm or Prohibited Use of a Weapon - You Decide

Recently, we defended a man charged with both Prohibited Use of Weapons, C.R.S. 18-12-106, and Illegal Discharge of a Firearm, C.R.S. 18-12-107.5. He had accidently discharged his handgun and it went into a neighbor's house since they shared a common wall. Because these two crimes are so similar, it was clear to me that police were stacking charges. They knew no DA was going to pursue both charges in the end, but added both in an effort to get the defendant to plead guilty to one or the other, in a plea agreement. Here is how these two charges, one a felony and one a misdemeanor gun charge, stack up in comparison to one another.

Prohibited Use of Weapons - Broadly Set to Curtail Constitutional Guarantees

From Yuma County west to Denver County, and from Denver County west to Mesa County, our legislature has passed a broadly written law called Prohibited Use of Weapons, C.R.S. 18-12-106. It appears that behind the scenes, efforts are being made under this law to limit the freedoms citizens enjoy to possess firearms. Read more about the problems with Prohibited Use of Weapons.

Considerations for Prohibited Use of Weapons, C.R.S. 18-12-106

While the crime of Prohibited Use of Weapons summarizes offenses involving gun or bow and arrow offenses generally, we most often see it charged alongside DUI, Reckless Endangerment and Felony Menacing in Arapahoe, Jefferson and Douglas County. In these cases, C.R.S. 18-12-106(1)(d) is the subsection used, and it relates to circumstances involving consumption of alcohol and possession of a firearm. It is a class 2 misdemeanor.

Lawyer for Prohibited Use of Weapons in Denver, C.R.S. 18-12-106

Prohibited Use of Weapons is a crime in Douglas, Denver and Arapahoe County. If facing charges, you should know what Prohibited Use of Weapons means and what it does not mean. This charge can be filed against you for being drunk with a gun, pointing a gun at another person, recklessly discharging a gun or bow and arrow, setting a trap, or using some specific martial arts style weapons in a public place. These are all of the criminal acts according to the Colorado State Statute C.R.S. 18-12-106.

Prohibited Use of Weapons, C.R.S. 18-12-106

prohibited-use-weapons-beer.jpgWhile Prohibited Use of Weapons is less serious than many felony gun cases, it still rises to the top of misdemeanor criminal offenses in Denver, Jefferson and Douglas County. DAs and judges worry that the use or involvement of a firearm runs the risk of serious bodily injury to others. For this reason, having a top criminal lawyer on your side is a must.

Prohibited Use of Weapons Attorney / Lawyer in Arapahoe County

Prohibited-Use-of-Weapons.jpgYou've been charged with Prohibited Use of Weapons. How did this happen? Imagine you're drinking alcohol at your home; you own a pistol, and when the Sheriff's Department for Douglas, Arapahoe, or Jefferson County show up, they charge you with being drunk with a gun. It sounds rather ridiculous to assume that someone can be charged with drinking alcohol and having a gun in their possession while in the comfort of the person's own home! However, this type of constitutional abuse is taking place all the time in neighborhoods all over our great state of Colorado.

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