Common 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.
Prohibited Use of Weapons in Douglas County and Denver – Basis for Charges, C.R.S. 18-12-106
Here is a complete list of the ways a person can be charged with this firearm crime:
- Recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow
- Knowingly setting a loaded gun trap and leaving it unattended by a competent person immediately present
- Knowingly and unlawfully aiming a firearm at another person
- Having in your possession a firearm while under the influence of intoxicating liquor or a controlled substance
- Knowingly aiming, swinging or throwing star or nunchaku
Prohibited Use of a Weapon in Adams and Jefferson County: Having a Gun While Under the Influence of Alcohol
It is a crime to possess a firearm if you are intoxicated, C.R.S. 18-12-106 (d). You will be accused of prohibited use of a weapon if you have a gun in your possession while you are under the influence of alcohol. In many cases, it is valid to argue what “in your possession” means. This phrase, along with under the influence, is not defined in the statute. For example, what if a gun was locked up in a safe? What if a guy has a gun while drinking two beers? The line is very fine. Upon a conviction, you could be sent to the Adams or Jefferson County Jail for a full year. See how Prohibited Use of Weapons can place your Constitutional rights in peril.
If you are contacted by police for Prohibited Use of Weapons, be smart, exercise your right to remain silent, and call the best criminal defense attorneys at 303-731-0719. Together, we can protect your future.
Image Credit: Pixabay – TheDigitalWay