Illegal Discharge of a Firearm Lawyer in Weld County

Accidents happen, but the law doesn’t make many exceptions when it comes to firearms. Anytime a gun is discharged in a house or occupied car, Illegal Discharge of a Firearm is charged.

What is the Definition of Illegal Discharge of a Firearm?

Colorado law defines C.R.S 18-12-107.5 – Illegal Discharge of a Firearm – as:

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.

This means in Weld, Morgan, and Logan County, if a gun is discharged outside and the bullet ends up being wedged into a roof shingle, this crime can be charged. Similarly, if a person shoots a rifle and a car drives by, but the bullet only gets stuck in the side panel, the shooter may be accused of Illegal Discharge of a Firearm. The fact is, this crime is not just charged when someone blatantly fires a gun inside a house or attempts to commit a drive-by shooting.

What is the Sentence for Illegal Discharge of a Gun?

Illegal Discharge of a Weapon is a class 5 felony in Greeley, Erie, and Evans. This level felony is punishable with 1 to 3 years in the Colorado Department of Correction (DOC) and up to $100,000 in fines. There is also 2 years of mandatory parole if a person pleads to or is found guilty of a class 5 felony. This is only if the district attorney can prove the discharge happened knowingly or recklessly. This law was purposely put into place in order to punish random drive-by and walk-by gunfire directed at homes, occupied structures, or vehicles from outside the premises or vehicle. Today, the law is being applied to the accidental discharge of a firearm indoors.

Why You Need a Lawyer for Your Illegal Discharge of a Gun Charge

All kinds of situations can warrant an Illegal Discharge of a Weapon charge. We have defended clients who accidentally discharged a firearm inside their home while cleaning their gun and the bullet went through the wall into a neighbor’s apartment. Simple, everyday accidents like these can result in serious felony charges. The experienced attorneys from the O’Malley Law Office take a personal interest in your case and work tirelessly to prove your innocence. Protect your future, by ensuring your case is handled with all the care and time it takes to aggressively defend your second amendment rights.

FACING CHARGES FOR ILLEGAL DISCHARGE OF A FIREARM  IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer
in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

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