If you’ve been charged with Possession of a Weapon by a Previous Offender (often referred to as POWPO) in Greeley, you’re likely facing a serious felony charge. Colorado law strictly limits firearm rights for individuals with certain prior convictions, and violating those laws can carry life-altering penalties. Whether you’re accused of knowingly possessing a gun after a felony conviction or are caught in a gray area involving weapon ownership, it’s crucial to understand your rights, the law, and how to defend yourself.
Weld County Possession of Weapons by Previous Offender Lawyer: What Is POWPO in Colorado?
Under C.R.S. § 18-12-108, it is a felony for someone previously convicted of certain crimes to knowingly possess, use, or carry a firearm or other deadly weapon.
You can be charged with POWPO if:
- You were convicted of a certain felony in Colorado or similar crime in another state
- You were adjudicated (juvenile) of a certain felony in Colorado or similar crime in another state
- You are currently on probation, parole, or under supervision for a qualifying offense
This law also applies to weapons like knives, explosives, and certain non-firearm weapons, depending on the circumstances.
Greeley POWPO Defense Attorney: What Counts as “Possession”?
Possession doesn’t only mean having a gun in your hand or waistband. In Colorado, you can be charged even if:
- The weapon was in your vehicle
- It was in your home or apartment
- Someone else owned the weapon, but you had access to it
If the Weld County DA believe you had knowledge of the weapon’s presence and the ability to control or access it, they may pursue POWPO charges.
Attorney for Possession of a Weapon by a Previous Offender in Evans: POWPO Is a Felony Offense
In Erie and Evans, most POWPO cases are charged as:
- Class 6 Felony (Standard POWPO):
- 12 to 18 months in prison
- Up to $100,000 in fines
- 1 year of mandatory parole
- Class 5 Felony (If the prior offense was for burglary, arson, or any crime involving a deadly weapon):
- 1 to 3 years in prison
- Up to $100,000 in fines
- 2 years of mandatory parole
Additionally, a conviction may:
- Trigger habitual offender status
- Make it harder to expunge or seal records
- Permanently bar you from gun ownership—even after parole or probation
Frequently Asked Questions Regarding Possession of Weapons as a Previous Offender in Colorado
Can I be charged if the gun wasn’t mine?
Yes. If the gun was in your home, car, or personal space, prosecutors may still pursue charges based on constructive possession.
What if I didn’t know I couldn’t own a gun?
Lack of awareness of the law is not a defense to POWPO—but it can influence negotiations or sentencing.
Is it ever possible to get gun rights back in Colorado?
It’s extremely rare. Restoration of gun rights typically requires a Governor’s pardon. POWPO laws are strict and allow few exceptions.
If you or someone you love has been charged with Possession of a Weapon by a Previous Offender, 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.
Photo by DUONG QUÁCH