Our Weld County criminal defense attorneys advise that if you have been previously convicted of a felony, it is unlawful to possess a firearm. Under C.R.S. 18-12-108, anyone previously convicted of a felony who is found with a firearm can be charged with Possession of Weapons by Previous Offender, or POWPO. Colorado law defines “weapon” and “possession” in several different ways, which makes convicting someone of POWPO a simple process for the district attorney. Below, Colorado’s leading criminal defense attorneys at the O’Malley Law Office discuss POWPO, and how hiring a determined defense attorney will result in the best possible outcome for your case. Whether by dismissal or an attractive plea bargain, we’ll maximize the possibilities for your defense.
Weld County Definition of Possession of Weapons by Previous Offenders, C.R.S. 18-12-108
In Weld County, Possession of Weapons by Previous Offenders is defined in C.R.S. 18-12-108 as:
A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s conviction for a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s conviction for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law.
Colorado law makes few exceptions to this statute. In most cases, the intended purpose of the weapon or firearm does not matter. It also does not matter if your felony conviction was decades prior to being charged with POWPO. If you have been convicted of a felony at any point in your lifetime, you are prohibited from owning a weapon. This includes any felony adjudication while a juvenile. Once a juvenile has an adjudication for a felony, he or she can never possess a firearm again.
Prohibited Weapons Under C.R.S. 18-12-108 in Greeley, Colorado
Under C.R.S. 18-12-208, several weapons are off limits for anyone previously convicted of a felony in Greeley, Colorado. Prohibited weapons include, but are not limited to:
- Any and all firearms, including pistols and rifles
- Knives with blades that exceed 3.5 inches and other knives capable of rendering cut, stab, and tearing wounds, with the exception of hunting or fishing knives – C.R.S. 18-12-101
- Dangerous and illegal weapons, such as brass knuckles, firearm silencers, ballistic knives, and short shotguns – C.R.S. 18-12-102
- Explosives, including bombs, nitroglycerin mixtures, and C4 – C.R.S. 18-12-109
Because this statute is intentionally vague, there is no comprehensive list of weapons that are off limits to someone previously convicted of a felony. If you have questions about your POWPO charge, it is best to call an experienced criminal defense attorney who can examine the details of your case.
Fort Lupton and Severance Definition of Possession for POWPO Charges
Fort Lupton, Severance, and Weld County as a whole recognize different types of possession when it comes to POWPO. The first type is actual possession, defined as having a weapon physically with you. For example, if a police officer pulls you over, pats you down, and finds a pistol holstered to your belt, it would be considered actual possession.
By contrast, if you have control over a weapon but don’t physically have it on your person, it would instead be constructive possession. Even if the weapon isn’t with you, you could be charged if there is reason to believe that you have control over it – e.g., you left several tactical knives at home while you were out grocery shopping.
These types of possession are crucial to your defense. This is because to be convicted of POWPO, the district attorney must prove that you knowingly possessed a weapon. For example, it is possible that your partner left a weapon at your house without your knowledge, and you were charged for having constructive possession over the weapon. Or perhaps you have a comb in your purse that someone gave to you, but you didn’t realize that the comb was actually a hidden knife, and you were charged for having actual possession over the weapon. In many cases, a spouse owns a firearm and their felon spouse is charged with possession of the firearm. Whether or not you knew about the weapon is one of several viable defenses that an experienced criminal defense attorney may pursue. In some cases, it is a fine line distinction whether your partner’s firearm can be attributed to your possession. It is always best to store the firearm in your spouse’s locked gun safe, closet or dresser. It should always be stored in a condition that it cannot be used by the felon spouse – whether with a trigger lock or in a quick access pistol safe.
Weld County Penalties for Possession of Weapons by Previous Offenders, C.R.S. 18-12-108
In Weld County, Colorado, Possession of Weapons by Previous Offenders is a class 5 felony. Punishments can include 1 to 3 years in a Colorado State Prison, $1,000 to $100,000 in fines, and 2 years of mandatory parole. Depending on the circumstances, you could also face other charges in addition to the initial POWPO charge. For example, if police charge you with POWPO for owning a ballistic knife, you could face an additional charge for Possessing a Dangerous or Illegal Weapon, C.R.S. 18-12-102, which is a class 5 felony for the first offense.
Have you been charged with Possession of Weapon by Previous Offenders? If so, time is of the essence, and it is important to call an experienced criminal defense attorney immediately. The police are not your friend, so NEVER answer their questions or interview with them. It is hard to backtrack from unwise statements to police. They are your enemy in a very real sense. They will not take the time to analyze whether you knew you had a weapon, or whether the object in question is even a weapon in the first place. The leading Weld County criminal defense attorneys at the O’Malley Law Office will look at every angle of your case, then build a solid defense strategy that can lead to a reduction or even dismissal of your charges.