Illegal Discharge of a Firearm is charged in Greeley and Weld County when a person is accused of shooting a gun in a dwelling, occupied building, or vehicle. A Greeley man was recently charged with this crime after his neighbor reported a bullet traveling through her apartment. According to the report, the man claimed it was an accidental discharge of a handgun, however the only firearm that was found was a rifle and the casing found in the apartment matched the rifle. Police also noticed an odor of alcohol on the man’s breath, so he was charged with Prohibited Use of a Weapon – Drunk with a Gun and Reckless Endangerment as well.
Weld County Illegal Discharge of a Firearm Lawyer: How is Illegal Discharge of a Gun Charged in Colorado?
The Weld County, Colorado law definition of Illegal Discharge of a Firearm – C.R.S. 18-12-107.5 – is:
(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as described in section 16-2.5-101, C.R.S., acting within the scope of such officer’s authority and in the performance of such officer’s duties.
The most important element for this crime is the presence or possible presence of other people. It makes it much more dangerous for a gun to discharge, accidentally or not, when other people are around. For the man above, the bullet travelled through his apartment walls and through his neighbor’s apartment as well. She claimed to have been about 10 feet away from the bullet.
Penalty for Illegal Discharge of a Firearm in Erie and Windsor
In Erie, Windsor, and across Weld County, Illegal Discharge of a Gun is a class 5 felony. The penalty for a class 5 felony is 1 to 3 in the Colorado Department of Corrections along with fees and fines.
If you or someone you love has been charged with Illegal Discharge of a Firearm, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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