If you have been charged with Illegal Discharge of a Firearm in Fort Collins, Colorado, you will need the best criminal defense lawyer to represent you at the Larimer County Courts. Illegal Discharge is charged whenever a person fires a gun into a building, occupied structure, or occupied motor vehicle. Similarly, Disorderly Conduct can sometimes be charged for firing a gun in a public setting. However, Disorderly Conduct is a misdemeanor, whereas Illegal Discharge is a felony. Below, our top criminal defense lawyers discuss Illegal Discharge of a Firearm versus Disorderly Conduct:
1. Fort Collins Definition of Illegal Discharge of a Firearm, C.R.S. 18-12-107.5
The Fort Collins definition of Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, is as follows:
Firing a gun into a building or occupied structure – e.g., a tent, horse stall, or other enclosure – will result in being charged with Illegal Discharge of a Gun. Even if you know that the building was not occupied at the time, you will still be criminally charged. Shooting at a motor vehicle occupied by another person will also result in being charged with this crime.
2. Illegal Discharge vs. Disorderly Conduct, C.R.S. 18-9-106 in Loveland and Estes Park
Like Illegal Discharge of a Firearm, Disorderly Conduct, C.R.S. 18-9-106, is sometimes charged when a person fires a gun in public. However, the difference between the two charges is where the person fired the gun. Illegal Discharge is specifically charged when one person fires a gun into a building, occupied structure, or occupied motor vehicle. Because of the risk that such an action poses to the lives of other people, this offense is a felony.
By contrast, Disorderly Conduct is charged when a person discharges a firearm in a public setting, but not into a building or car. Shooting a gun in public can still pose risk to another person or property, but less so than directly firing at a car, building, or other structure. For that reason, this form of Disorderly Conduct is a class 1 misdemeanor.
3. Penalties for Illegal Discharge at the Larimer County Courts
Illegal Discharge is a class 5 felony at the Larimer County Courts, with penalties including:
- 1 – 3 years at the Colorado Department of Corrections
- Fine of $1,000 – $100,000
- Mandatory parole of 2 years following release from prison
- Restitution payments
- Prohibition from owning firearms and ammunition
If you have been charged with Illegal Discharge, don’t try to take on your case alone at the Larimer County Courts. Instead, call a top criminal defense lawyer to represent you at your hearings. Your future is precious, and only an experienced lawyer can protect it well.
Have you been charged with Illegal Discharge of a Firearm? First, be smart, and exercise your right to remain silent. Do not talk to the Larimer County Sheriff or Fort Collins Police without a lawyer present. Then call 970-658-0007 to talk to one of the top criminal defense lawyers at the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Byron Sullivan