Colorado Law for Possession of a Weapon by a Previous Offender Lawyer in Greeley

If you're being accused of Possession of a Weapon by a Previous Offender in Greeley, you need a criminal lawyer’s help.  Possession of a gun or firearm is key to winning or losing against POWPO charges. When you're convicted of a felony, you are no longer allowed to own or possess a gun or firearm, but this doesn’t mean loved ones in your house can’t possess them. Colorado law deems felons in possession of firearms as an unnecessary risk to society, so possession is banned outright.

What is Possession of a Weapon by a Previous Offender Law, C.R.S. 18-12-108, in Weld County?

In Weld County, Possession of Weapons by Previous Offenders, C.R.S. 18-12-108, will be charged if the following definition is met:

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, under Colorado or any other state’s law or under federal law.

To clarify, if someone has been convicted of a felony, or they have attempted or conspired to commit a felony crime, and they are found possessing or owning a gun, then they will be charged with this crime.

What is the Sentence for a Possession of a Weapon by a Previous Offender in Longmont and Windsor?

In Longmont and Windsor, the sentence for a Possession of a Weapon by a Previous Offender can be charged in a few ways. Someone can be sentenced to either a class 5 felony or a class 6 felony. If the person had what is considered a 'dangerous weapon,' then they could face a class 5 felony. Additionally, if the person's previous conviction was for burglary, arson, or any other felony crime that included force of a deadly weapon, they can also receive a class 5 felony charge. Otherwise, a class 6 felony is the penalty.

A class 6 felony consists of:

  • 1 year to 18 months in the Department of Corrections
  • A fine between $1,000 to $100,000
  • 1 year of Parole

A class 5 felony consists of:

  • 1 to 3 years in DOC
  • A fine between $1,000 to $100,000
  • 2 years of Parole

Possible Defenses for Your Possession of Weapons by Previous Offenders Charge in Windsor and Erie

Just because you were caught in Windsor or Erie with a weapon nearby, does not mean there aren't defenses for your Possession of Weapons by Previous Offenders charge. We have had many clients who have been charged with this crime, but really didn't know that the weapon was present. It had belonged to their friend or roommate, and our client had no idea it was even in the same space. We argue that our client did not "knowingly" possess it, and therefore no laws have been broken. As long as you don't tell the Windsor police anything, there are a variety of other strategies we can employ.

ARE YOU BEING FALSELY ACCUSED OF POSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent. Call our 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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