Discharging a firearm in a home, apartment or other occupied building will likely result in the criminal charge of Illegal Discharge of a Firearm. We often see these types of cases when our client is showing someone their gun or cleaning their firearm, and the weapon accidentally discharges. Maybe they forgot there was a bullet in the chamber or perhaps they didn’t realize the safety was off. The circumstances surrounding the discharge do not matter when it comes to this crime. As long as a gun was shot inside, then Illegal Discharge of a Firearm is charged. A man was recently charged after he shot his gun off in his apartment and it went through to another apartment, injuring a young girl. He was also charged with Possession of Weapons by a Previous Offender.

Douglas County Illegal Discharge of a Weapon Lawyer: Definition of Illegal Discharge of a Gun

The Douglas County, Colorado law definition of Illegal Discharge of a Firearm – C.R.S. 18-12-107.5 – is:

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Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.”

As a class 5 felony, Illegal Discharge of a Firearm is punishable by 1 to 3 years in the Colorado Department of Corrections. This felony conviction would also preclude a person from being able to legally possess a firearm again.

Possession of a Weapon by a Previous Offender in Highlands Ranch and Parker.

The Highlands Ranch and Parker, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:

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A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony.”

Possession of a Firearm by a Previous Offender is a class 6 felony, unless it is a possession of a dangerous weapon or if the person’s felony conviction was for Burglary, Arson, or a crime involving force or the use of a deadly weapon.

If you or a loved one has been charged with Illegal Discharge of a Firearm or Possession of a Weapon by a Previous Offender, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 303-265-1950. Together, we can protect your future.

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