Throughout Colorado in Denver, Douglas, and Arapahoe County, people are charged with Possession of a Weapon by Previous Offender (C.R.S. 18-12-108) and they need a criminal defense lawyer who knows how to fight these alleged charges. Charges in a case like this can come from a variety of circumstances where someone may or may not be aware they are unable to legally possess a gun or firearm.
Possession of a Weapon by Previous Offender by Felony or Domestic Violence
If you have a conviction for any felony, or a misdemeanor with the underlying factual basis of Domestic Violence, you are prohibited from possessing a firearm in the state of Colorado. Sometimes, people do not realize they are unable to own a firearm because they think their case was dismissed or they were not aware that Domestic Violence was part of the plea. For instance, someone may think they received a conviction with a deferred sentence, but upon further research, they were not given that type of plea.
Use of a Gun, Firearm or Weapon for Self Defense
But some may ask whether they allowed to defend themselves with a firearm if needed? This is a tricky situation where courts have said one thing but the law has not clarified the situation. In one case, a Court in Colorado held that someone could not be convicted of Possession of a Weapon by Previous Offender where the person used the gun in self-defense. What does that mean for you? Well, it means that if there were extenuating circumstances, you might have your lawyer thoroughly research the issue of whether you can be convicted of this crime when you use a gun in your home to protect your family. However, without Colorado Law saying the same thing, it is risky to use a firearm and you could still be found guilty of this crime in Jefferson, Adams, and Weld County.
The most important thing you need to remember if you are charged with Possession of a Weapon by Previous Offender is you need an attorney dedicated to proving your innocence and fighting against the District Attorneys in Larimer, Eagle, and El Paso County. If you hire an attorney who has experience handling these crimes, they will know the best way to fight for and protect your rights.
So, if you or someone you know has been charged with Possession of a Weapon by a Previous Offender, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.