Will I go to jail for prohibited use of weapons in Colorado?

If convicted of prohibited use of weapons in Colorado you could face between 120 days to 3 years incarceration, depending on the classification of the crime.

Do I need a criminal defense attorney if I am planning on pleading guilty?

While technically you are not required to hire a criminal defense attorney if you plan to plead guilty, it is advisable to work with a lawyer. A criminal defense attorney will protect your rights and attempt to reduce your charge so you have fewer penalties. A criminal defense attorney can also work with you to make sure that the charge you are pleading to is appropriate. Many times people without lawyers plead guilty to things that legally they were not even guilty of doing. You do not want to plead to a felony charge if the most you could be legally responsible for is a misdemeanor offense.

Can I be charged with prohibited use of weapons if I do not fire a gun?

Yes, you can be charged with prohibited use of weapons for holding a firearm, even if you do not fire it. Additionally, aiming a gun at someone can be considered gross criminal negligence and may be enough to have you charged with further crimes such as menacing.

Colorado Revised Statute - Prohibited Use of Weapons

Charge	Classification	Penalty
Prohibited Use of Weapons	Misdemeanor	Class 1: Up to 364 days in jail and/or A fine up to $1,000
Prohibited Use of Weapons	Misdemeanor	Class 2: Up to 120 days in jail and/or A fine up to $750
Prohibited Use of Weapons	Felony	Class 5: 1-3 years in prison A fine of $1,000 to $100,000
(Colo. Rev. Stat. § § 18-12-106, 18-1.3-401, 18-1.3-406, 18-1.3-501.)

The prosecutor must prove to the jury that the defendant committed the crime of prohibited use of weapons. For example, they must prove that you knowingly or willingly aimed, threw, or discharged a firearm, or another weapon, at someone.

However, there are many defenses a criminal defense lawyer can use to disprove the prosecutor’s claims, including:

You didn’t knowingly, willingly, or recklessly throw or aim the weapon
You didn’t realize the weapon was loaded
You had the legal right to use the weapon at the time the incident occurred
You were wrongly accused or mistakenly identified
The police found the weapon during an illegal search

18-12-106. Prohibited Use of Weapons – Definitions.:

(1) A person commits a class 2 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 (1).

(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (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. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.

For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.

Many people are unaware of the laws regarding weapons charges in Colorado. You could be using or holding a weapon without being aware that your actions are illegal. For the prosecutor to convict you, they must convince the jury that you recklessly or knowingly aimed, threw, or discharged a weapon, such as a firearm, bow, throwing star, or nunchaku. A criminal conviction requires that the jury finds you guilty of this crime beyond a reasonable doubt. However, a criminal defense lawyer can use several defenses to dismiss or reduce this charge. To understand how to defend yourself against this charge, you need a reliable and experienced Colorado criminal defense attorney from Right Law Group on your side. Contact our office today for a free consultation.

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C.R.S 18-12-106

Colorado Prohibited Use of Weapons — Definitions

Penalties for Prohibited Use of Weapons in Colorado

Possible Defenses for Prohibited Use of Weapons in Colorado

Colorado Revised Statutes. CRS 18-12-106:

Have You Been Charged With Prohibited Use of Weapons in Colorado Springs or El Paso County?

FAQ: Colorado Prohibited Use of Weapons

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