Residents in Weld County, Colorado, often find themselves facing multiple criminal charges after one incident. As an example, a Boulder resident was recently charged with Prohibited Use of Weapons, Disorderly Conduct, and several other offenses after he allegedly fired a gun into the air several times. He was later found by the police with a firearm and ammunition in his car. If you are facing multiple criminal charges, it is important that you hire an experienced criminal defense attorney who can defend you at the Weld County Court. If you are facing Prohibited Use of Weapons and / or Disorderly Conduct charges in Fort Collins or Larimer County, click here to get help.
Legal Definition of Prohibited Use of Weapons, C.R.S. 18-12-106, in Greeley, Colorado Court
The legal definition of Prohibited Use of Weapons, C.R.S. 18-12-106, in Greeley is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He 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
(d) 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, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
In addition to the provisions listed above, a person may also be charged with Prohibited Use of Weapons for aiming or throwing a throwing star or nunchaku, or having one on his or her person in a public place. When this happens, this offense is instead charged as a class 2 misdemeanor.
Weld County Legal Definition of Disorderly Conduct from C.R.S. 18-9-106
In Weld County, the legal definition of Disorderly Conduct, C.R.S. 18-9-106, is:
(1) A person commits Disorderly Conduct if he or she intentionally, knowingly, or recklessly:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.
In essence, Disorderly Conduct is charged when a person disturbs the peace. Disorderly Conduct often results in annoyance to another person, but it can also result in fear or alarm. This is especially the case when Disorderly Conduct is charged due to a person showing or discharging a firearm in public.
Examples of Prohibited Use of Weapons and Disorderly Conduct in Erie, Eaton and Severance
In Erie, Eaton and Severance, Prohibited Use of Weapons and Disorderly Conduct share several similarities, but are still distinct charges. Examples of Prohibited Use of Weapons include, but are not limited to:
- Getting drunk while having dinner at home with your significant other while your concealed carry weapon is holstered to your belt
- Horsing around at home while holding your gun, causing the gun to discharge
- Pointing your gun at your friend, even though you don’t intend to shoot him
As with the man in the story above, Prohibited Use of Weapons can easily be charged along with many other crimes, depending on the circumstances. If any of the above examples took place in a public setting, the defendant could also be charged with Disorderly Conduct, Reckless Endangerment, and Menacing.
Sentences and Penalties for Prohibited Use of Weapons and Disorderly Conduct in Weld County
In Weld County, the sentence for a Prohibited Use of Weapons conviction is usually a class 1 misdemeanor, with penalties of up to 364 days in the Weld County Jail and $1,000 in fines. The only exception is if someone uses a nunchaku or throwing star, which is a class 2 misdemeanor. Penalties for class 2 misdemeanors include a maximum of 120 days in the Weld County Jail and $750 in fines.
The sentence and penalties for conviction of Disorderly Conduct depend on the conduct that resulted in the charge. In the story above, the defendant discharged a weapon in public, which is a class 1 misdemeanor. However, other actions – such as fighting in public or yelling obscenities – are instead petty offenses. Penalties for a petty offense are less severe and include up to $300 in fines, 10 days in the Weld County Jail, or both.