If a person discharges or fires a firearm into a building or vehicle in Weld County, they could face the criminal charge of Illegal Discharge of a Firearm. This felony crime can cause an accused to face time in a Colorado State Prison, large fines, and a permanent criminal record. Our skilled defense attorneys will discuss Illegally Discharging a Firearm below. Read with us and learn how an experienced crimes attorney can help you. If you are facing these charges in Fort Collins or Larimer County get help here.
Legal Colorado Definition of Illegal Discharge of a Firearm, C.R.S. 18-12-107.5
The legal definition of Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, in Colorado is:
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.
In this definition, two things are required for completion of the crime. First, the defendant must have “knowingly or recklessly” discharged a firearm and second, that firearm discharge was into a building, occupied structure, or vehicle.
Definition of “Knowingly” and “Recklessly” in Illegal Discharge, C.R.S. 18-12-107.5, in Greeley or Windsor, Colorado
When facing a criminal charge for Illegal Discharge in Greeley, Windsor, or the rest of Colorado, it is important to know and understand the charges. In Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, the two key definitions are “knowingly” and “recklessly.”
The definition of “Knowingly” is:
a person acts “knowingly” or “willfully,” with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.
The definition of “Recklessly” is:
a person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or a that circumstance exists.
In looking more closely at the statute of Illegally Discharging a Firearm, C.R.S. 18-12-107.5, it only needs to be “knowingly” or “recklessly,” not both. This means that you can do it with the intention of knowingly pointing and shooting a gun into a car or shooting recklessly, when someone practices shooting at targets with a house in the background.
Weld County Sentence and Penalties for Illegally Discharging a Firearm
In Weld County, Colorado, the sentence for Illegally Discharging a Firearm falls under a class 5 felony which has penalties of 1 to 3 years in a Colorado State Prison, a fine of $1,000 to $100,000, and 2 years mandatory parole. This sentence can alter your life and have repercussions to your future from a criminal record, the guilt of having killed someone, time away from your family while you are in prison, and losing your career. Having an experienced criminal defense attorney at your side is important to getting the best outcome in your criminal case.
Facing an Illegal Discharge of a Firearm Charge? Hire Leading Greeley, Colorado Criminal Defense Attorneys
Are you facing an Illegal Discharge of a Firearm Charge? The attorneys at the O’Malley Law Office can help you. We fight for the best outcome in our cases and know how to navigate the Weld County Courts. For example, did you know that if two people are shooting up a hill and a bullet travels over the hilltop, someone below could accidently be killed. In this terrible situation, if both shooters refuse to give police a statement, neither could successfully be prosecuted? Let us learn the details of your case and aggressively defend your future.