When someone is accused of Prohibited Use of a Weapon in Greeley, they will need an experienced lawyer to help fight against this misdemeanor charge. Recently a Denver man was facing this charge along with criminal mischief for firing a rifle from a parking garage. Luckily no one was hurt, but it is unclear what his motive was.
Prohibited Use of Weapons, C.R.S. 18-12-106, in Weld County
In Weld County, Prohibited Use of Weapons, C.R.S. 18-12-106, is when a person:
- Knowingly and unlawfully aims a firearm at another person; or
- Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
- 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
- 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; or
- He knowingly aims, swings, or throws a throwing star or nunchaku (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.
In this case, the man was clearly violating the section that refers to discharging a firearm with criminal negligence. Due to his being in a parking garage, and video evidence of him, it is obvious that he was recklessly / with criminal negligence discharging his weapon.
So whether you were showing your boys your new rifle while you were drinking, or you were firing your gun out of a parking garage, you could still end up with a Prohibited Use of Weapons charge in Weld County.
Sentence for a Prohibited Use of Weapons Conviction in Dacono and Frederick
In Dacono and Frederick, when someone is convicted of Prohibited Use of Weapons, they are sentenced to a class 2 misdemeanor. What this means is that the person could serve time in the Weld County Jail, pay a hefty fine, or have to serve probation. They could be in jail between 3 months and 12 months, and they could be asked to pay a fine between $250 and $1,000.
Second Amendment Rights in Erie and Longmont
In Erie and Longmont, a citizen’s Second Amendment Rights allows them to own guns and firearms. But, it is apparent that there is a growing feeling of unease whenever people see others carrying guns and firearms. There is an assumption that they are out to do something dangerous, which is not always the case. With the introduction of laws like this one, and illegal discharge of a firearm, we see this sentiment seeping into our laws as well. Prosecutors play off of this growing societal fear. Instead of putting in the work and providing a fair deal with the defense team, they will play off of this unease because they know they can make a jury feel a crime occurred. The sense of justice often lost with cases of this sort, which is why it is vital to hire a skilled criminal defense attorney to protect you and your rights.
If you’re being falsely accused of Prohibited Use of Weapons in Greeley or Weld County, contact the O’Malley Law Office right away.
Don’t speak to the police, just your defense attorney. The police tend to twist the words of the defendant in order to help the prosecutors make the charges stick.
Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experience criminal defense lawyer in the Greeley and Weld County area today.
Photo by Thomas Tucker on Unsplash