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Photo of Attorneys at Sawyer Legal Group, LLC

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Illegal Discharge of a Firearm in Douglas County – Reckless Endangerment for a Gun Firing

On Behalf of | Nov 3, 2017 | Illegal Discharge of a Firearm |

Prohibited Use of Weapons, Reckless Endangerment and Illegal Discharge of a Firearm in Arapahoe County – For the Same Conduct

Three charges all relate to the accidental firing of a gun in Colorado. However, one of them is clearly the best, one is in the middle and one is a felony and terrible for your record. Police can charge any of the three, but the felony Illegal Discharge of a Firearm in Arapahoe County is not really designed for an accidental gun shooting. Let’s see why.  Illegal Discharge of a Firearm definition.

Colorado Illegal Discharge of a Firearm Lawyer Attorney in Jefferson County, Colorado

When someone knowingly or recklessly discharges a firearm or handgun into an occupied structure, house or occupied motor vehicle, the can legitimately be charged with felony Illegal Discharge of a Firearm in Jefferson County, Colorado. This law is designed to punish drive by shootings or road rage incidents. Yet police in Lakewood and Arvada file this felony charge when a gun fires accidently within an apartment, and the bullet goes through the wall into another apartment. A conviction for this class 5 felony can result in one to three years in Colorado Department of Corrections, under 18-12-107.5, C.R.S. Illegal discharge of a weapon at Taco Bell.

Adams County Prohibited Use of Weapons Lawyer, 18-12-106

Another charge which more accurately matches the conduct of an accidental shooting, is Prohibited Use of Weapons, 18-12-106. This law is charged when someone, “recklessly or with criminal negligence, discharges a firearm.” It is a class 2 misdemeanor, and does not carry the harsh consequences of never being able to possess a gun again, like a felony.

Lawyer for Denver Reckless Endangerment, C.R.S. 18-3-208

The best charge from a defense attorney perspective, is to be charged with Reckless Endangerment, C.R.S. 18-3-208. This is a class 3 misdemeanor, and will have the least serious consequences of all three options. The law reads, “a person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person, commits reckless endangerment, which is a class 3 misdemeanor.

If you are cleaning a gun, and it fires, you may be charged with any one of these three charges, depending on the bent of the officer. Be polite, and maybe they will give you the least serious. We’ve been defending your 2nd Amendment rights for over 25 years. Call us at 303-731-0719. Together, we can protect your future.