Prohibited Use of Firearms in Arapahoe County typically involves having a gun while under the influence of alcohol or a controlled substance. However, you could also be charged for discharging a weapon by mistake. This a different crime than Illegal Discharge of a Firearm which requires the bullet enter into a building, dwelling, or motor vehicle. Regardless, it is important you speak with our experienced Aurora defense lawyers if you are charged with any gun related crime.
How to Fight False Allegations of Prohibited Use of Weapons in Colorado
Arapahoe County law describes Prohibited Use of Weapons as someone who knowingly and unlawfully aims a firearm at another person or recklessly discharges a firearm including a bow and arrow. Also, Colorado law states that a crime is committed if a person has in his possession a firearm while under the influence of alcohol or a controlled substance. This crime is also referred to as being drunk with a gun. Furthermore, the statute does not state a specific blood alcohol level (BAC) defining if a person is intoxicated. This leaves it up to the discretion of the Aurora Police. As you can see, Prohibited Use of Firearms covers a broad range of circumstances, making it easily and quickly charged. Don't try to mess with this charge on your own. You need the experience of a criminal attorney to fight these allegations to protect your future.
What are examples of Prohibited Use of Weapons in Jefferson County?
We all remember the dancing FBI agent whose gun went off in a Denver bar, injuring a crowd member. While he plead to 3rd Degree Assault, it is easy to see how actions escalate into more severe charges. Because being under the influence has a wide definition, charges surrounding alcohol and weapons are on the rise. For instance, let's say that you are drinking at your home. You happen to have a shotgun that you keep for your protection in your closet. After drinking, you go into your closet to change into your pajamas. This would likely be considered a crime by the Jefferson County Sheriff's Department. While you may carry a firearm, or know someone that does, the combination of alcohol or drugs and your weapon is trouble.
Punishments for Prohibited Use of Firearms in Arapahoe County
Prohibited Use of Firearms is a class 2 misdemeanor in Arapahoe County. A class 2 misdemeanor could result in 3 to 12 months in jail. Additionally, you may face up to $1,000 in fines. You could be looking at these punishments even for something that feels like an innocent mistake.
If you or someone close to you has been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from O'Malley and Sawyer at 303-830-0880. Together, we can protect your future.
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