Possession of Weapons by Previous Offenders is charged when a person with a qualifying prior conviction is found in possession of a firearm. Generally, this crime is only charged when someone is investigated or pulled over for an unrelated incident, and the weapon is found. Recently, a man was arrested for this crime, after law enforcement contacted him about a suspicious vehicle with a counterfeit license plate. While police were looking into the vehicle, the other approached, walking back from a mountain trail. When he spotted the officer, he set something down behind a rock and went to speak with the officers. They ran his name and found an active warrant, so they placed him under arrest. When they looked at what was placed behind the rock, they found a gun. When his vehicle was searched, law enforcement found other weapons.
Greeley Possession of a Weapon by a Previous Offender Lawyer: How is Possession of Weapons by Previous Offenders Charged in Colorado?
The Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:
(3)(a) 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 as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s adjudication for an act which, if committed by an adult, would constitute a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s adjudication for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law in the previous ten years from the completion of the person’s sentence for the adjudication of a felony crime as defined in section 24-4.1-302 (1).
There are many felony crime convictions that would meet the ‘previous offender’ status under this statute. A few of them include: Murder, 1st Degree Assault, 2nd Degree Assault, Menacing, Kidnapping, Sexual Assault, Robbery, Stalking, Burglary, and many others.
Sentence for Possession of Weapons by Previous Offenders in Erie and Evans
In Erie, Evans, and across Colorado, Possession of Weapons by a Previous Offender is a class 5 felony offense. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections. If the Possession of Weapon by Previous Offenders is charged because of the use of a firearm in the commission of another crime, then it requires mandatory sentencing to prison.
If you or someone you love has been charged with Possession of Weapons by Previous Offenders, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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