Sometimes, our emotions can get the best of us. Life can be overwhelming, and when everything piles up, we all tend to make rash decisions. Unfortunately, sometimes those decisions result in criminal charges in Denver, Jefferson, and Broomfield County. I read a story the other day which perfectly illustrates how frustration can get the best of us: a woman was sentenced after opening fire at a McDonald's after she grew angry that she received a bacon-less burger twice. If this had occurred in Colorado, the woman likely would have been charged with Illegal Discharge of a Weapon.
What is Illegal Discharge of a Weapon in Colorado?
Illegal Discharge of a Weapon is not hard to commit. Our simplified law blog offers a simple definition of the crime of Illegal Discharge of a Weapon. It is as follows:
“Any person who discharges a firearm or gun recklessly or knowingly into a building, dwelling, or occupied vehicle will be charged with illegal discharge of a firearm.”
As you can see, simply firing a gun in a building can result in criminal charges. This is likely what the woman was charged with after her outburst. According to the news, the woman went to a McDonald's drive through and ordered a hamburger. When she picked it up, she saw it didn't have bacon on it. She sent it back, and when the second burger was bacon-less, she became enraged and fired a shot into the fast food restaurant. Because she fired a weapon into a building, she would be charged with Illegal Discharge of a Weapon – C.R.S. 18-12-107.5, if this had occurred in Douglas, Adams, or Arapahoe County.
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Additional Weapons Charge Possible
If the bacon-less burger incident had occurred in Colorado, the woman could also face an additional charge of Menacing – C.R.S. 18-3-206. This crime is charged when a person's “actions cause another person to be put in fear of imminent serious injury, whether by use of a weapon, or simply the alleged victim's belief they have a weapon,” according to our simple definition. Obviously, this woman's actions (firing a shot into the building) would have scared the employees, and put them in fear of “imminent serious injury,” which would justify a Menacing charge. When a deadly weapon is used, Menacing is charged as a class 5 felony, which carries a possible prison sentence.Don't pay dearly for a mistake or bad judgement – fight by working with an expert lawyer.
Why You Need a Lawyer for Illegal Discharge of a Weapon Charges
The woman in the story above likely didn't fire into the restaurant simply because she didn't get bacon on her burger. Most likely, her day had been awful and the lack of bacon simply put her over the edge. We all make mistakes, but sometimes they can result in serious criminal charges. Illegal Discharge of a Weapon is a class 5 felony, and Menacing is a class 5 felony when a deadly weapon is used. These two crimes both carry possible prison sentences to the Colorado Department of Corrections. With so much at stake, it is vital that you contact a hard-hitting criminal defense lawyer immediately if you have been charged. Don't pay dearly for a mistake or bad judgment. Fight for your future by calling one of the expert criminal defense attorneys at the O'Malley Law Office for a free consultation.
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If you or a loved one has been charged with Illegal Discharge of a Firearm, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation