Being charged with Possession of Weapons by a Previous Offender, commonly called POWPO, is a serious felony in Colorado. In Weld County, prosecutors pursue these cases aggressively, particularly when the allegation involves a firearm. If you were arrested in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, Fort Lupton, or anywhere in Weld County, understanding what the government must prove, especially regarding the prior conviction, is critical to building a defense.
What Is POWPO Under Colorado Law? A Greeley Criminal Defense Attorney Explains
POWPO is charged under Colorado Revised Statutes 18-12-108. The statute makes it illegal for certain individuals with prior felony convictions to possess a firearm or other specified weapons. In most cases, POWPO is charged as a Class 5 felony. However, the classification and sentencing exposure can increase depending on the nature of the prior conviction and the type of weapon involved.
What Must the Weld County DA’s Office Prove in a POWPO Case?
To secure a conviction for POWPO in Weld County, the prosecution must prove beyond a reasonable doubt that:
First, you knowingly possessed a firearm or other prohibited weapon. Possession can be actual, meaning the weapon was on your person, or constructive, meaning it was in a place you exercised control over, such as a vehicle or residence.
Second, you had a qualifying prior conviction at the time of the alleged possession. This element is essential. Without proof of a legally sufficient prior conviction, the POWPO charge cannot stand.
Both elements must be proven. If either fails, the charge should not result in a conviction.
The Importance of Proving the Prior Conviction in a Possession of a Weapon by a Previous Offender Case
One of the most significant legal issues in POWPO cases is the prior felony conviction. The prosecution must establish that:
You were in fact previously convicted of a qualifying felony offense and you are the same person identified in that prior conviction. This typically requires certified court records, judgments of conviction, and sometimes fingerprint or identifying evidence linking you to the earlier case. Clerical errors, incomplete documentation, or insufficient proof of identity can create serious weaknesses in the prosecution’s case.
Additionally, not all prior cases qualify. Certain deferred judgments that were successfully completed may not constitute convictions for POWPO purposes. Out-of-state convictions must be substantially similar to Colorado felonies to qualify. An experienced criminal defense attorney will carefully examine the prior case to determine whether it legally satisfies the statute.
Potential Penalties for POWPO in Greeley and Weld County
A conviction for POWPO can result in prison exposure, mandatory parole, fines, and a permanent felony record. Because firearm cases are viewed as public safety concerns, prosecutors often seek incarceration, particularly if the prior conviction involved violence. Beyond court-imposed penalties, a felony weapons conviction can affect employment, housing, and civil rights.
Why Early Legal Representation Matters!
If you are under investigation or charged with POWPO in Weld County, you should consult a criminal defense attorney immediately. Statements made to law enforcement can be used to establish knowing possession. Early intervention allows your attorney to review discovery, evaluate the prior conviction, challenge search issues, and begin negotiating with prosecutors. POWPO cases are technical and evidence-driven. The requirement that the prosecution prove a qualifying prior conviction creates a critical legal checkpoint in every case. Careful analysis of that element can significantly affect the outcome.
Charged With POWPO in Weld County?
If you are facing Possession of Weapons by a Previous Offender charges in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, Fort Lupton, or anywhere in Weld County, take the charge seriously. A felony conviction can have lifelong consequences. Thorough investigation, strategic defense planning, and early advocacy can make a substantial difference in protecting your freedom and your future.
If you’ve been charged with Possession of a Weapon by a Previous Offender (POWPO), 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.
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