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What is Illegal Discharge of a Firearm in Denver?

Posted by Kyle B. Sawyer | Aug 28, 2015 | 0 Comments

The definition of Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, in Denver and Jefferson County, and across Colorado is:

“Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.”

What Happens if You Shoot a Gun by Accident in Colorado?

Let's look at an example of how Illegal Discharge of a Firearm can be charged across Denver, Adams and Douglas County, Colorado:

Jake and Billy have been friends since they graduated from the University of Colorado. They often go hunting with their families in many areas across Colorado. Because they enjoy hunting so much, Jake always shows Billy whenever his dad buys a new gun. One day, however, Jake was showing Billy one of his dad's new guns when it accidentally went off. The bullet rebounded off a tree and hit a car occupied by Jake's father. Thankfully, his father wasn't harmed. However, Jake could still face charges of Illegal Discharge of a Firearm.

Facing charges of Illegal Discharge of a Firearm?

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Illegal Firearm Discharges Are Common in Arapahoe County

Jake obviously wasn't intending to harm or kill anyone with his dad's gun. And, it's not like he doesn't know how to handle a handgun, either. He goes hunting with his family often. But, he could face charges of Illegal Discharge of a Firearm since he recklessly fired a gun. And, the bullet happened to hit a car occupied by his dad. We've seen many cases in Arapahoe County where people have recklessly discharged a pistol, revolver or rifle. In one of our other blogs, one woman was facing Manslaughter charges for accidentally killing her niece with a handgun. Consequences for these mistakes can be damaging. That's why our defense attorneys want to help. In many cases, your firearms defense attorney can lessen charges of Illegal Discharge of a Firearm to Prohibited Use of Weapons, C.R.S. 18-12-106. A firearms lawyer would have to prove a bullet shot from a firearm (knowingly or recklessly) didn't enter into a dwelling or any other building or occupied structure, or into a motor vehicle occupied by someone. This law was designed to punish drive-by shootings. It should not be charged when there is a simple accident with a firearm.

Charged with Illegal Discharge of a Firearm in Denver? Contact an Attorney Today

Charges of Illegal Discharge of a Firearm usually occur after an accident in Denver. But, people are still treated harshly under the eyes of the law. Illegal Discharge of a Firearm is a class 5 felony in Colorado, meaning someone convicted could face up to 3 years in prison. As defense attorneys fighting on behalf of the accused, we will fight hard to protect your rights. Contact our office today to speak with an expert firearm defense lawyer if facing Illegal Discharge of a Firearm charges.

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If you or a loved one has been charged with felony Illegal Discharge of a Firearm, be smart, exercise your right to remain silent, and consult the best criminal defense lawyers at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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Image Credit: Pixabay – OpenClipartVectors, Pixabay – stevepb

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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