In Weld County, if someone points a gun at you unlawfully, or recklessly shoots someone, they can be charged with Prohibited Use of a Weapon, and they will need a lawyer. It is unclear why, but a few days ago, a father was charged with Assault in the Second Degree and Prohibited Use of a Weapon after he shot his (adult) son in the leg. Fortunately, the son is expected to make a full recovery. This news story is withholding why or even how this event happened. But, because the father is being charged with Prohibited Use of a Weapon, it is likely that this situation was a complete accident and involved alcohol.
What is the Definition of Prohibited Use of a Weapon in Greeley, C.R.S. 18-12-106?
Greeley police use this definition for a violation of the Prohibited Use of a Weapon, C.R.S. 18-12-106:
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(d) Has in his possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance.
What is the Sentence for a Prohibited Use of a Weapon Conviction in Frederick and Eaton?
When you are convicted of Prohibited Use of a Weapon in Frederick or Eaton, the sentence is not very severe. Lawmakers understand that accidents happen and that accidentally shooting someone is not malicious and cannot be punished the same way as Assault in the First Degree. The sentence for a Prohibited Use of a Weapon conviction is a class 2 misdemeanor. To clarify, that means that the defendant would have to serve between 3 and 12 months in Weld County Jail. They would also need to pay a fine between $250 and $1,000. While the law recognizes that mistakes do happen, they also want someone to blame for the situation even happening in the first place. If a gun is involved, you generally will need to forfeit the firearm.
Why You Still Need a Lawyer on Your Side
Don’t let the District Attorney blow your simple mistake out of proportion. Arm yourself with an experienced Firearms lawyer who can get your punishment lessened or even get your case dismissed. Anytime you’re facing any kind of criminal charge, it is always best to hire an attorney who can help you navigate the complexities of your individual case.
FACING A PROHIBITED USE OF A WEAPON CHARGE IN GREELEY OR WELD COUNTY?
Be smart, and exercise your right to remain silent. Call the experienced firearm crime 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.
Photo by Marcus Chen on Unsplash