If you’ve been arrested in Greeley, Evans, Windsor, or elsewhere in Weld County for Prohibited Use of a Weapon, it’s important to understand exactly what the state must prove and what penalties you’re facing.
What is Prohibited Use of a Weapon in Colorado? A Weld County Defense Attorney Explains
Colorado’s Prohibited Use of a Weapon statute, C.R.S. § 18-12-106, criminalizes several distinct behaviors involving firearms and other weapons. These include:
- Knowingly and unlawfully aiming a firearm at another person;
- Recklessly or with criminal negligence discharging a firearm;
- Setting a gun, trap, or device designed to cause an explosion after being tripped and leaving it unattended;
- Possessing a firearm while under the influence of alcohol or drugs
Because the statute covers so many different fact patterns, the specific facts alleged in your case matter a great deal in how the charge is framed and prosecuted.
Is Prohibited Use of Weapons a Misdemeanor or Felony in Windsor and Firestone?
Most Prohibited Use of a Weapon offenses are charged as a class 1 misdemeanor in Colorado, punishable by up to 364 days in jail and fines. However, certain circumstances can elevate the case to a felony weapons charge, like when the discharge occurs in a way that creates a significant risk of serious bodily injury or death to another person. A felony conviction carries far more serious consequences, including years in the Department of Corrections, extended parole, and permanent loss of firearm rights.
Collateral Consequences of a Prohibited Use of a Weapon Charge: Ask a Greeley Prohibited Use Attorney
Beyond court-imposed penalties, a conviction can affect your ability to legally possess firearms, your employment prospects, professional licensing, and immigration status for non-citizens. Weld County prosecutors and judges take firearm-related charges seriously, particularly given the county’s mix of urban and rural communities where hunting, ranching, and target shooting are common but heavily regulated activities.
Charged with Prohibited Use of Weapons in Erie or Evans? Call O’Malley Law Office Today!
Every Prohibited Use of a Weapon case turns on specific facts: where the discharge occurred, who was nearby, what the person believed at the time, and how law enforcement documented the scene. If you’re facing this charge in Weld County, understanding the exact subsection you’ve been charged under, and what penalties attach to it, is the first step in knowing what you’re up against.
If you or someone you love has been charged with Prohibited Use of a Weapon, 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.
Photo by Tsvetoslav Hristov