Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351


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.

Definition of Prohibited Use of Weapons in Denver and Arapahoe County

Prohibited Use of Weapons applies to guns, bow and arrows, throwing stars or nunchaku (a/k/a numb-chucks). It is charged when someone unlawfully aims a firearm at another, recklessly or with criminal negligence shoots a firearm or bow and arrow (anywhere), sets a trap gun, has a firearm in his possession when under the influence of alcohol, or commits a crime with a nunchaku or throwing star. The gun does not need to fire under this charge - but can.

Definition of Illegal Discharge of a Firearm in Adams and Jefferson County

Illegal Discharge of a Firearm is a felony and applies only to firearms (guns), and involves the discharge of a gun into the dwelling, building or car of another. A gun or firearm must be fired for this crime to occur. "Firearm" is defined at C.R.S. 18-1-901(h). This definition encompasses guns, revolvers, rifles, handguns, shotguns and any other device capable of discharging bullets, cartridges or other explosive charges. As a class five felony, this law was drafted to reduce the occurrence of drive by shootings. Regrettably, Illegal discharge of a firearm is routinely charged in Douglas and Elbert County against men and women who have had an accidental gun discharge in their home.

Police may charge you with both of these crimes if a gun is involved and fired.  How things play out in the end is up to the negotiations of your criminal defense lawyer and the district attorney.  Like in the real world, some DAs hate guns and will insist on a harsh plea.  In other cases, the lawyer on the other side may be fine with you pleading to a misdemeanor or getting a deferred judgment and sentence.  In the case described above, we were able to get the case dismissed. Remember, every case is different - including the occurrence of the crime itself, your "victim," your prosecutor, and your judge.  It is tough to predict how a given case will come out.  You need an attorney who is well versed in different options and who can motivate the DA in a favorable direction.

When police come to your home in response to a call by a neighbor for a Prohibited Use of Weapons or Illegal Discharge of a Firearm crime, be smart, exercise your right to remain silent, and quickly call the best criminal defense attorneys at the O'Malley Law Office. We can be reached 24/7 at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.