In Weld County, if a person points, discharges, or uses a weapon against someone else, they can be criminally charged with Prohibited Use of a Weapon Charge. Recently in Routt County, a man was charged after he shot a man who was on his property. The defendant claims that he was defending his property when he shot the intruder. Below, our attorneys will discuss the criminal charge of Prohibited Use of a Weapon and how our skilled attorneys can get you the best outcome in your case.
Greeley, Colorado Prohibited Use of Weapons, C.R.S. 18-12-106, Legal Definition
The legal definition of Prohibited Use of Weapons, C.R.S. 18-12-106, in Greeley is:
A person commits a class 1 misdemeanor if:
(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
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) 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, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection
In the above story the defendant might be convicted of Prohibited Use of Weapons because he not only pointed the gun at the victim, but he also discharged the firearm. Yet he’d likely be charged with other, more serious felony charges like attempted Murder or an Assault in the First Degree, C.R.S. 18-3-202. the accused might be found not guilty if his criminal defense attorney can argue that he had the legal right to discharge the weapon at the time and place under Colorado’s Force Against Intruders Defense, also known as Colorado’s Make My Day Law. Yet this only applies if you are in your home. You can also benefit from a Self Defense type law under these circumstances if there was deadly force being used against you inside or outside your home. If a person is merely trespassing in your field, you can’t use deadly force.
What Type of Weapons are Fall Under Prohibited Use of a Weapon in Weld County?
Discharging, pointing, or throwing certain weapons in Weld County can have you facing a criminal charge of Prohibited Use of a Weapon. The weapons that fall under this statute are guns, bow and arrows, throwing stars, and even nunchakus. It is also important to note that you cannot have throwing stars or nunchakus in public unless it is for a demonstration or class, otherwise you can be charged.
Colorado Sentence and Penalties for Prohibited Use of Weapons in Windsor, Ault and Severance
In Windsor, Ault, Severance, and the rest of Colorado, the usual Court sentence for the first offense of Prohibited Use of a Weapon conviction is a class 1 misdemeanor. The penalties include up to 364 days in the Weld County Jail, and up to $1,000 in fines. If the defendant in the story above had been previously convicted of Prohibited Use of a Weapon in the last 5 years, then the sentence is a class 5 felony with penalties of 1-3 years in a Colorado State Prison, a fine of $1,000-$100,000, and 2 years mandatory parole. Judges and district attorneys will always look at the severity of the offense in deciding whether to charge this crime as a class 1 misdemeanor or to allow a plea to a related class 2 misdemeanor.
Weld County Prohibited Use of a Weapon Attorney and Related Criminal Charges
In Weld County, you need Greeley’s top criminal defense attorneys who understand the Prohibited Use of a Weapon statute and can fight for your rights. Our attorneys have over 30 years of experience and have defended many cases where Prohibited Use of a Weapon was charged. It is also very common that along with a Prohibited Use of Weapons charge, there will be other criminal charges. Some related criminal charges are:
- Menacing – C.R.S. 18-3-206
- Assault in the 3rd Degree – C.R.S. 18-3-204
- Unlawfully Carrying a Concealed Weapon – C.R.S. 18-12-105