Have you been accused of Prohibited Use of a Weapon in Greeley, Colorado? Possession of a handgun with a high level of alcohol in your system is the chief focus of the law, and often arises with a DUI. An accidental shooting of a gun is common too. Our criminal defense attorneys have been hired to help dozens of clients navigate the Greeley court system and obtain a favorable sentence. Recently in Vail, a man was charged with Prohibited Use of a Weapon after allegedly firing a weapon at his roommate six times through a closed door. If you, like this man have been accused of Prohibited Use of a Weapon, contact the O’Malley Law Office with your questions or to talk to an attorney about your case.
Definition of Prohibited Use of a Weapon, C.R.S. 18-12-106, in Weld County
In Weld County, Colorado, Prohibited Use of a Weapon, C.R.S. 18-12-106, is defined as:
- Knowingly and unlawfully aiming a firearm at another person; or
- Recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow; or
- Knowingly setting a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaving it unattended by a competent person immediately present; or
- The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance; or
- He knowingly aims, swings, or throws a throwing star or nunchaku (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class.
In the case above, the man fired a weapon at his roommate. If it was proven he was also in possession of a firearm while under the influence of drugs or alcohol as the article states, then he could also be charged with Prohibited Use of a Weapon. An attempted murder charge might also be in order.
What is Considered a Weapon Under C.R.S. 18-12-106 in Greeley, Colorado?
A weapon under C.R.S. 18-12-106, in Greeley, is considered any of the following:
- Firearms
- Nunchaku or throwing stars
- Traps
- Bows and arrows
- Explosive devices designed to detonate from a trip wire
In Weld County What are the Penalties and Sentence of Prohibited Use of a Weapon
In Weld County, the sentence for a Prohibited Use of a Weapon conviction is a class 2 misdemeanor. Class 2 misdemeanor penalties can include 3-12 months in the Weld County Jail, and/or a fine of $250-$1,000. If this is not your first offense (in the last 5 years) for a Prohibited Use of a Weapon charge, then you could face a class 5 felony. Class 5 felony penalties can include 1-3 years in prison, and/or a fine of $1,000-$100,000 and 2 years mandatory parole.
Defenses to Prohibited Use of a Weapon in Greeley, Colorado
If you are facing a Prohibited Use of a Weapon Charge in Greeley, you will need an attorney who can defend you and get the best outcome in your case. Here are some defenses to a Prohibited Use of a Weapon charge:
- You did not know the weapon was loaded
- You were defending yourself (self defense)
- You don’t meet the requirements of knowingly or recklessly
- You were not the person to use the weapon and were mistakenly identified
If you are facing a Prohibited Use of a Weapon charge, be smart, exercise your right to remain silent. The Greeley Police are not there to help or assist you. Instead, they are building a case against you. Contact the best weapon criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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