The illegal discharge of a firearm law in Colorado makes it unlawful to fire a gun into occupied dwellings or vehicles. In cases of something like a drive-by shooting, this is done intentionally. However, sometimes a weapon goes off accidentally and the bullet enters one of these structures. With time in prison and also substantial fines as possible ramifications, consulting a skilled firearms attorney is essential if facing allegations of unlawfully firing a weapon.
Aurora Illegal Discharge of a Firearm Law
Arapahoe County's illegal discharge of a firearm law prohibits certain behaviors when it comes to shooting a gun. C.R.S. 18-12-107.5 describes the specific circumstances of this offense in Colorado:
- “any person who knowingly or recklessly discharges a firearm into any dwelling or any other occupied structure,
- or into any motor vehicle occupied by any person,
- commits the offense of illegal discharge of a firearm.”
It is particularly important to note that a bullet simply needs to graze the exterior of a dwelling for charges to apply. While this law was intended to address drive-by shootings and violent road rage incidents, it is often charged when someone accidentally fires their gun while cleaning it in a condo, townhouse, or apartment.
Is Illegal Discharge of a Firearm Always a Felony in Colorado?
Each illegal discharge case is different. Thus, the consequences are as well. As a class 5 felony offense, conviction of illegal discharge of a firearm can result in:
- 1 – 3 years in the Colorado Department of Corrections,
- fines of up to $100,000
Additionally, a mandatory parole period of 2 years applies to this crime as well. Unfortunately, a potential employer will have difficulty differentiating whether this was an intentional violent act or a genuine accident. Felony convictions have additional consequences that reach far beyond incarceration and fines.
Arapahoe County Firearms Attorney
Violations of Colorado's gun laws require consulting a strategic defense attorney as soon as possible. Vital evidence exists in these cases that necessitates analysis from an experienced criminal lawyer. Perhaps you didn't know the firearm was loaded or it went off accidentally. Nevertheless, contact our office today for an important free consultation. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing firearm charges throughout Colorado.