Facing an Aggravated Robbery or Possession of a Weapon by a Previous Offender, POWPO, charge in Weld County? The top attorneys at the O’Malley Law Office can help you understand the criminal charges you’re facing and aggressively fight for the best possible outcome. Earlier this year, two Fountain, Colorado teens were accused of illegally entering a home armed with guns and then taking items before leaving. They were subsequently charged with Aggravated Robbery, Possession of a Weapon by a Previous Offender, and several other crimes. Below, our defense attorneys look at this case and explain the charges of Aggravated Robbery and Possession of a Weapon by a Previous Offender. If you are facing these or any other criminal charges in Fort Collins or Larimer County, get help here.
Legal Definition of Aggravated Robbery, C.R.S. 18-4-302, in Weld County, Colorado
Aggravated Robbery, C.R.S. 18-4-302, in Weld County, Colorado, is defined as:
(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom: (a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or (d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
In the above story, even if the teens had entered the house without a gun, but told the victims they had one before they robbed them, they would still be charged with Aggravated Robbery. Causing a victim to believe there is a deadly weapon, regardless of whether it is real or fake, is one of the key elements of an Aggravated Robbery charge. By contrast, Robbery, C.R.S. 18-4-301, is charged when an actor uses force, threats, or intimidation (without a deadly weapon) to take an item of value from another person.
Greeley, Colorado Definition of Possession of a Weapon by a Previous Offender, C.R.S. 18-12-108
In Greeley, Colorado, the definition of Possession of a Weapon by a Previous Offender, C.R.S. 18-12-108, is:
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 as described in section 18-1-901 (3) (h) 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, under Colorado or any other state’s law or under federal law.
Because the teens were previously adjudicated for a felony crime, or attempt or conspiracy to commit a felony, they were prohibited from owning firearms or ammunition. Therefore, when they were arrested, they were charged with Possession of a Weapon by a Previous Offender for possessing guns when they committed the robbery. POWPO charges can often be complicated, and it is essential to have an experienced attorney to defend you at the Weld County Court if you are facing these charges.
Sentence and Penalties for Aggravated Robbery and POWPO in Weld County
In Weld County, both Aggravated Robbery and POWPO carry serious sentences and penalties if the defendant is convicted. Aggravated Robbery is a class 3 felony, and it is also both a crime of violence and extraordinary risk crime, meaning that a defendant convicted of this offense could potentially face up to 32 years in a Colorado prison, depending on the circumstances. The defendant would also face a maximum fine of up to $750,000, and 5 years of mandatory parole following incarceration.
Possession of a Weapon by a Previous Offender is a class 5 felony that carries penalties of 1 – 3 years in a Colorado State Prison, a fine of $1,000 to $100,000, and 2 years of mandatory parole. Because both Aggravated Robbery and POWPO are felony offenses, a defendant convicted of either or both will also be prohibited from legally owning firearms or ammunition.
Why Hire a Top Windsor, Erie, and Greeley, Colorado Attorney?
If you are facing any criminal charges in Windsor, Erie, or Greeley, it is critical to have a skilled defense attorney to defend you at the Weld County Court. An experienced defense lawyer understands that serious charges like Possession of a Weapon by a Previous Offender and Aggravated Robbery can mean many years in prison, thousands of dollars in fines, and a felony record that can follow you for the rest of your life. The attorneys at the O’Malley Law Office have over 30 years of experience in criminal law and will learn the details of your case to defend you aggressively at the Weld County Courts.