In Weld County, have you been falsely accused of Possession of a Weapon by a Previous Offender, or POWPO? Are you a Felon previously convicted of a felony? Under the C.R.S. 18-12-108, if you knowingly possess a firearm or other deadly weapon, you can be charged with POWPO and face a lengthy stay in prison. Our criminal defense attorneys know that this broad charge can happen even with a kitchen knife, so call our office or read below to learn more about Possession of a Weapon by a Previous Offender charge – also called POWPO in Weld County.
Greeley, Colorado Definition of Possession of a Weapon by a Previous Offender, C.R.S. 18-12-108
The definition of Possession of a Weapon by a Previous Offender, C.R.S. 18-12-108, is:
It is important to note the element of “knowingly” meaning that the person knows that they have possession of the weapon and that it is a weapon. Possession of a gun, in this instance, can also mean that it is physically in your control or that even if it isn’t on your person, you have the ability and control over it.
What is Considered a “Deadly Weapon” or “Dangerous Weapon” Under Possession of a Weapon by a Previous Offender law in Weld County?
The Weld County definition of a “deadly weapon” or “dangerous weapon” is important because dependent on which you are in possession of, can change the charge, sentence and severity of the penalties you are facing under the Possession of a Weapon by a Previous Offender law.
A “dangerous weapon” could include:
- Short barrel shout gun
- Firearm silencer
- Ballistic Knife
- Short barrel rifle
- Machine gun
Please note that possessing a “dangerous weapon” or “illegal weapon” in Colorado at any time is a felony, even if you are not a convicted felon. This can be charged under C.R.S. 18-12-102 and is a separate criminal charge, if a Previously Convicted Offender is in possession of one of these weapons the penalties are harsher. Specific to firearm silencers, Colorado has modified its law and it may now be legal to possess one, provided you meet federal requirements.
A “deadly weapon” includes:
- Any other firearm (unloaded or loaded)
- A knife
- Any instrument that can produce serious bodily injury or death by the manner in which it was used (for example a bottle, rock, baseball bat, metal pipe, or motor-vehicle)
Sentence and Penalties, Greeley, Colorado, of Possession of a Weapon by a Previous Offender
In Greeley, the first-time offense of Possession of a Weapon by a Previous Offender is a class 6 felony with penalties of 1 – 1 ½ years in prison, a fine of $1,000-$100,000, and 1-year mandatory parole. If you are convicted of being in possession of a “dangerous weapon” the sentence is a class 5 felony. A class 5 felony carries penalties of 1 – 3 years in Colorado State Prison, a fine of $1,000 to $100,000, as well as 2 years of mandatory parole. You can also face this harsher Class 5 Felony sentence if you have been convicted in the last 10 years of arson, burglary, or any felony using a “deadly weapon.”
Why Hire Weld County’s Top Attorneys for Your Possession of a Weapon by a Previous Offender Charge?
Our top criminal defense attorneys at the O’Malley Law Office can help you get the best outcome in your case. There are defenses which we’ve used successfully in the past. Such as you might have a weapon that could cause serious bodily harm, like possessing a kitchen knife or borrowing a car and not know that a gun was in the glove box. Let us help you beat your charges.
If you or a loved one is facing a Possession of a Weapon by a Previous Offender charge, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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