In Weld County, pointing a gun at or carelessly discharging a gun will get you charged with Prohibited Use of a Weapon and you will need a lawyer. During a Domestic Violence call recently, Colorado Springs officers were faced with a standoff, where a woman was in her house with reported access to multiple firearms and ammunition. After the police were called, there were shots fired which caused a “shelter in place” order to protect the surrounding neighborhood. When the standoff and shelter in place order were over, the woman was charged with Domestic Violence and Prohibited Use of a Weapon. When you are charged with Prohibited Use of a Weapon or Domestic Violence, you will need a lawyer to fight for your rights.
What is Prohibited Use of a Weapon in Greeley, Colorado?
Greeley, Colorado, uses this definition for a violation of the Prohibited Use of a Weapon, C.R.S. 18-12-106:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(d) Has in his possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance.
This means that in the above story where the woman discharged a weapon recklessly, she had committed and was appropriately charged with Prohibited Use of a Weapon.
What is the Sentence for Prohibited Use of a Weapon in Weld County?
The sentence in Weld County for a Prohibited Use of a Weapon conviction, is a class 2 misdemeanor. The penalty of a class 2 misdemeanor, is between 3 and 12 months in the Weld County Jail and a fine between $250 and $1,000. In most cases you will need to forfeit the firearm as well.
What is the Definition of Domestic Violence in Greeley, Colorado?
Domestic Violence, C.R.S. 18-6-800.3, in Greeley, Colorado is defined as:
an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
For clarification, an intimate relationship is viewed as:
A relationship, like the one in the standoff is defined as, between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
What is a Domestic Violence Sentence Enhancer in Weld County?
In Weld County, Domestic Violence is not a crime in and of itself. Domestic Violence is an enhancement to other criminal offenses such as Harassment, Assault, Trespassing, or in the above story, Prohibited Use of a Weapon. If convicted, the Domestic Violence Enhancement carries additional sentencing considerations, including: a protection order, mandatory perpetrator treatment and the loss of your firearms. You can find out more about Domestic Violence and Domestic Violence Enhancer here.