Prohibited Use of Weapons, C.R.S. 18-12-106, is charged in Weld County when a person points, discharges, or uses a weapon against someone else. Usually, this offense is charged for any misuse of a firearm – especially possession of a gun while under the influence of alcohol. However, several other weapons are also included under Colorado’s Prohibited Use law. If you have been charged with this crime, it is imperative that you contact a top criminal defense lawyer to get the best results in your case. Prohibited Use of Weapons is a class 1 misdemeanor and can result in time in the Weld County Jail, fines, and a criminal record. If you are facing a Prohibited Use of Weapons charge in Fort Collins or Larimer County, get help here.
Prohibited Use of Weapons, C.R.S. 18-12-106, Legal Definition in Greeley, Colorado
The legal definition of Prohibited Use of Weapons, C.R.S. 18-12-106, in Greeley, Colorado is:
A person commits a class 1 misdemeanor if:
(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).
(2) (a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person 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. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
What Weapons are Listed in a Prohibited Use of a Weapon Charge in Windsor, Firestone, and Frederick, Colorado?
Prohibited Use of a Weapon in Windsor, Firestone, Frederick, and throughout Colorado is not just charged for improper possession or use of a firearm. Other weapons that are also included under this statute are bows and arrows, throwing stars, and even nunchakus. However, we most frequently see Prohibited Use charged for misusing a firearm. In particular, this offense is charged most often for having a gun on your person while under the influence of alcohol.
Penalties for Prohibited Use of Weapons in Weld County
In Weld County, Prohibited Use of a Weapon is usually charged as a class 1 misdemeanor. The penalties for this offense include up to 364 days in the Weld County Jail and up to $1,000 in fines. However, if the defendant was in the possession of or used throwing stars or nunchakus in public, then Prohibited Use is instead a class 2 misdemeanor.
It is also important to note that if a defendant has previously been convicted of Prohibited Use of a Weapon in the last 5 years, then the classification is increased to a class 5 felony. This will entail much greater penalties, including 1 – 3 years in the Colorado Department of Corrections.
Criminal Charges Similar to Prohibited Use and How a Top Greeley, Colorado Attorney Can Help
In Greeley, hiring a top criminal defense attorney is necessary when you are facing Prohibited Use of Weapons charges – especially if you have also been charged with another crime. Often, when a defendant is facing a Prohibited Use of a Weapon charge, they may also be facing another related charge like:
- Menacing, C.R.S. 18-3-206
- Disorderly Conduct, C.R.S. 18-9-106
- Unlawfully Carrying a Concealed Weapon, C.R.S. 18-12-105
Criminal charges – especially charges for multiple offenses – are dangerous to your future. The attorneys at the O’Malley Law office have over 30 years of experience successfully defending clients at the Weld County Courts from weapons-related charges. Don’t hesitate to contact us so that we can represent you well and help you protect your future.