There are many different criminal charges related to weapons and firearms in Fort Collins and Larimer County. A man is facing at least one of the many weapons charges after he and other witnesses lied to police about a shooting. According to the report, police received a call about a shooting. When questioned, witnesses told the investigators that it was the result of a drive-by shooting. However, upon further questioning and investigation, statements were inconsistent and the witnesses were further questioned. It was determined that one of the men, who was drinking, had been handling a firearm and accidentally shot his buddy. Seems they tried to cover it up by blaming it on a drive-by shooting. It wasn’t revealed which charges the man is specifically facing, but likely Illegal Discharge of a Firearm and Prohibited Use of a Weapon are on the list.
Fort Collins Illegal Discharge of a Firearm Lawyer: Definition of Illegal Discharge of Firearms in Colorado
The Larimer County, Colorado law definition of Illegal Discharge of a Firearm – C.R.S. 18-12-107.5 – is:
It could be argued that by handling a gun while intoxicated, the man acted recklessly and shot the gun off inside the residence. Illegal discharge of a firearm is a class 5 felony in Fort Collins, Loveland, and Estes Park. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.
Prohibited Use of Weapons Charges in Loveland and Estes Park – Fake Drive-By Defense
The Larimer County, Colorado law definition of Prohibited Use of Weapons – C.R.S. 18-12-106 – is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
Because the man was drunk and had possession of the gun, he would likely be facing a charge of Prohibited Use of a Weapon under subsection (d). As a class 1 misdemeanor, this crime is punishable by up to 364 days in the Larimer County Jail and up to $1,000 in fines. Depending on the level of his friend’s injury, it’s likely the man is also facing some sort of Assault charge.
If you or someone you love has been charged with a crime related to weapons, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
Photo by Kelly