Prohibited Use of Weapons, C.R.S. 18-12-106, is a crime in Denver, Arapahoe, and Jefferson County which is routinely overcharged and misapplied. Keeping in mind what situations commonly arise when a drunk person has a gun, can protect you from being charged with this crime. Thinking ahead can help you avoid needing the aid of a criminal defense lawyer in Larimer County.
Prohibited Conduct With Weapons
First of all, many situations will be charged as Prohibited Use of a Weapon. You could be under the influence of alcohol and in possession of a firearm, shoot a firearm, discharge a bow and arrow, aim a firearm at another person, set a trap designed to cause an explosion if tripped, or use throwing stars or nunchakus in a public place. These are all criminal acts contemplated by the Colorado State Statute at C.R.S. 18-12-106.
The Problem with Talking to Police
If you are charged with firing a gun in a public place in Westminster, Lakewood, or Aurora, police will attempt to get you to talk. Sometimes, they try and get you to sign a statement telling them what happened. Here’s the problem with this: you are only hurting yourself when you speak with police. Responsible gun owners think they have a duty to speak with the police in situations where they use their gun in Self Defense (C.R.S. 18-1-704). The problem is that when you use your gun to stop an Assault (C.R.S. 18-3-204), Burglary (18-4-201), or Theft (C.R.S. 18-4-401), you will become the object of the police officer’s investigation for potential charges. Always, refrain from speaking to cops.
Prohibited Use of Weapons Can be a Felony or Misdemeanor
When the police charge you with Prohibited Use of Weapons in Weld, Adams, or Douglas County, you will be facing a class 2 misdemeanor. This carries a maximum punishment of up to one year in jail and up to a $1,000.00 fine. However, if you are twice convicted of discharging a weapon, you will be facing a class 5 felony. A class 5 felony in Colorado courts carries up to 6 years in the Department of Corrections and up to a $100,000.00 fine.
Prohibited Use of Weapons is a serious crime which requires the early assistance of a criminal lawyer. Our attorneys know how to fight to preserve your gun rights. Unlike many other criminal defense attorneys, we value your 2nd Amendment rights. So, if you or a loved one have been charged with Prohibited Use of Weapons, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.