Accidents involving a gun within neighborhoods and homes typically results in a call of some sort to law enforcement. Often this call sets off an investigation even if no one was threatened or injured. Discharging a handgun in a residence is a high-risk of injury. A misdemeanor Prohibited Use of Weapons charge can result from what appeared to be an accident or misstep. It is important to consult a defense lawyer if you’re facing charges.
Castle Rock Attorney | Prohibited Use of Weapons
More often than not, police charge Prohibited Use of Weapons when the combination of two specific incidents occur. First, alcohol consumption while a gun is present is an immediate red flag. Second, the accidental discharge of a firearm in a house or apartment can constitute the necessary probable cause. Common defenses include the presence of a firearm and alcohol, however no possession of the firearm itself. Additionally, the argument that criminal negligence was not met with the accidental firing of the gun can help certain cases.
Prohibited Use of Weapons List | Parker, Colorado
Other actions that can lead to a charge of Prohibited Use of Weapons C.R.S. 18-12-106 in Parker and throughout Colorado are:
- Knowingly + unlawfully pointing a firearm at another person
- Knowingly setting a loaded gun trap and leaving it unattended
- Possessing a firearm while under the influence
- Knowingly aiming, swinging, or throwing a throwing star or nunchaku
- Recklessly or with criminal negligence shooting a bow and arrow
Punishments for Prohibited Use of Weapons in Colorado
If an officer or investigator believes they have probable cause to charge someone with Prohibited Use of Weapons, they will do so willingly. Some of the time, there is not an arrest. Instead, a summons to appear before the Douglas County Court results. Conviction in a case such as this is a misdemeanor. The possible sentence can be up to 12 months in county jail. Probation can be an alternative to incarceration if you don’t have a prior criminal record and the incident didn’t seriously endanger anyone.
Intoxication and Prohibited Use of Weapons in Highlands Ranch
According to C.R.S. 18-12-106(d), it is unlawful to possess a firearm while intoxicated. The term “possession” is where things get tricky. Having a gun in your vehicle or home essentially means it is available to you, but not necessarily in possession. Another discrepancy is whether or not having a drink or two legally puts you “under the influence” of alcohol. Because the blood alcohol level is not specified, there is ambiguity as to what constitutes intoxication. Due to these details, it is clear that representation from an aggressive defense attorney is critical to your situation.
Prohibited Use of Weapons charges should not be navigated on your own. Call the skilled attorneys at Sawyer Legal Group today at 303-265-1950. Together, we can protect your future.
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