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Prohibited Use of Weapons, C.R.S. 18-12-106

Common Ways Prohibited Use of Weapons is Charged in Arapahoe County

I have discussed in previous blogs the number of ways a person can get in trouble for Prohibited Use of Weapons. Now I want to focus on the two most common way people are charged with this serious class 2 misdemeanor in Arapahoe and Douglas County. They are:accidental discharge of a firearm and consuming alcohol while in the possession of a firearm.

Accidental Discharge of a Firearm in Jefferson County

If your firearm goes off while you are cleaning it in your Evergreen or Conifer home, be prepared for a visit from the Jefferson County Sheriff's Department. It is a crime under the Prohibited Use of Weapons statute, paragraph (b) to recklessly or with criminal negligence discharge a firearm (or shoot a bow and arrow). If a weapon goes off accidentally, a law enforcement officer will assume it was done in a reckless or negligent manner. So, if your weapon goes off accidentally, and after making sure nobody was injured, it is in your best interest to contact the best criminal defense attorneys in the Denver metro area at O'Malley Law Office for a free consultation.

Alcohol and Firearms Equals Trouble in Arapahoe County

Paragraph (d) of the Prohibited Use of Weapons statute makes it a crime to be under the influence of alcohol or a controlled substance while in the possession of a firearm. The problem with this section is that there are no clearly defined levels of what is intoxication. Unlike Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI), where blood alcohol levels guide police in their decisions, it is not true for Prohibited Use of Weapons. If you have a beer in your hand or an Arapahoe County Sheriff deputy smells alcohol on your breath and you are in possession of a firearm, you will most likely be cited or arrested.

Don't Fight Charges in Adams County on Your Own

It is never a good idea to fight criminal charges on your own in Adams County or anywhere. Prosecutors will over-charge defendants and they are less likely to play fair when they know they are dealing with someone who does not understand the law. Even law enforcement officers are involved in accidental discharge of firearms (they just aren't prosecuted as often - go figure). It does not mean you are a criminal. If it happens to you, don't panic and, call the Criminal Defense experts at the O'Malley Law Office, P.C. Remember to remain silent and be respectful to law enforcement authorities then call us at 303-731-0719. Together we can protect your future.

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