Dangerous Weapon Possession and Illegal Weapon Possession Colorado Lawyer Advice
Following a police stop of a vehicle, or if the car was already pulled over, law enforcement often locate firearms or items called Dangerous or Illegal Weapons. If the officers conduct a search in order to locate these items and the occupant of the vehicle did not give permission for the search, top criminal defense lawyers argue a 4th Amendment Violation related to the unconstitutional search and seizure. When the occupant gives permission for the search (something no one should ever do), then we shift our focus to ownership of the item and the definition of a Dangerous or Illegal Weapon.
The Definition of Dangerous Weapon and Illegal Weapon in Jefferson County and Arapahoe County
The Colorado law definition of Possessing a Dangerous or Illegal Weapon in Larimer, Boulder, and Jackson County – C.R.S. 18-12-102 – is:
“(1) As used in this section, the term “dangerous weapon” means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
(2) As used in this section, the term “illegal weapon” means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.
(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.”
Possession of a Dangerous Weapon – a Douglas County, Colorado Felony
Being accused of Possession of a Dangerous Weapon can result in felony charges and time in the Colorado Department of Corrections, which means Prison. A prison sentence carries huge implications including the loss of income for several years, the loss of your house and car, and time spent away from family. For these reasons, keep your defenses to firearms crimes alive by never speaking with police. Unlike movies and TV, you cannot talk police out of filing charges. Your best bet is to get a top Douglas County attorney at your side to get your criminal charges dismissed. If they cannot be dismissed, with no statements from you, there is a much stronger chance of you winning at trial.
Illegal Weapon in Adams County, Colorado – a Misdemeanor Crime
The statute above also defines ‘illegal weapon’. Based on this definition, a man in possession of an illegal weapon will face a much less serious penalty than with a Dangerous Weapon charge. Brass knuckles, gravity knife and a switchblade are simply less lethal than a dangerous weapon. Typically, we see possession of these items by juveniles and young males following a trip to Mexico. In this scenario, a class 1 misdemeanor can only result in up to 18 months in the Adams County Jail, and on a first offense probation is likely. Your risk is simply not as great was with a felony.
Our criminal lawyers have over 40 years combined experience. One of our top criminal defense lawyers has over 25 years himself. We are aware of many defenses to accusations of firearms crimes, and those involving Possession of a Dangerous Weapon or Illegal Weapon. So, keep confident that we can protect you if you will just remain silent and call us at 303-731-0719. Together, we can protect your future.
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